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15 January 2012 / Tom Royston
Issue: 7496 / Categories: Opinion , Public , Costs
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Making the polluter pay

Tom Royston makes no excuses for bad government decision-making

A serial litigant is trying the patience of judges across the nation. This litigant habitually refuses to settle cases or give serious thought to the weaknesses in his arguments. He loses a lot, of course, but it’s hard to know whether he appreciates the gravity of his situation, for he has virtually given up attending or being represented at the hearings.

Surprisingly, the judges are powerless to penalise him in costs, however unreasonable his behaviour. So there is no sign of the situation improving. His cases clog up the legal system in astonishing and increasing number, producing about 265,000 final hearings last year alone. To put that into context, all the county court non-family civil litigation in England and Wales produces only 63,000 final hearings per year.

This litigant is the secretary of state for work and pensions (SSWP), and these cases are appeals against social security decisions, in the First-tier Tribunal’s social entitlement chamber. This article suggests that a significant number of benefit

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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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