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05 July 2018
Issue: 7800 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 July 2018

MoJ payback; orders! Orders!; credit mire; silently unmeritorious.

FEES OVERCHARGE

The County Court has been overcharging on the issue of certain CPR Pt 8 stage 3 protocol low-value personal injury road traffic and employers’ and public liability claims, extracting the sweep-up ‘any other remedy’ fee of £308 instead of the usually lower money claim fee where, for example, a paper form claim within the £3,000 to £5,000 range would cost £103 less. Staff have been given revised guidance and the Ministry of Justice (MoJ) informs us that it will be setting out details of a refund scheme in due course. Catering for cases where the inflated fee has been settled by the unsuccessful party should present a nice headache.

A reminder to court staff on the issue of the revised MoJ guidance will not go amiss along with a certificate of value to be added to the Pt 8 claim form corresponding to the relevant fee band. And a reminder to you, dear readers, that where you have procured a limitation stay of a claim under CPR PD 8.B 16 (and some district judges

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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