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29 July 2020 / Stephen Gold
Issue: 7897 / Categories: Features , Procedure & practice , Civil way
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Civil way: 31 July 2020

Court bargains on offer; COVID lesson; Online for FR consents

Naughty MoJ

They’ve done it again. Two years ago the MoJ announced it had been overcharging on a series of court fees and would be operating a refund scheme which is still open (see ‘Civil way‘, 168 NLJ 7802, p19). It has now reviewed fees charged for 2018/19 against actual cost and concluded that there has been more overcharging. The good news is that loadsafees are being reduced without the need to wear a mask as from next Monday 3 August 2020—so hold the post—by the Courts Fees (Miscellaneous Amendments) Order 2020 (SI 2020/720). The bad news is that there will not be another refund scheme, on the shaky grounds that the MoJ has taken prompt action to reduce for the future and that the overcharged fees were set on the basis of a predictive estimate of what the cost would be which is claimed to have been reasonable. The MoJ says it is continuing to make improvements to its data in relation to court costs.

Civil proceedings

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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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