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13 May 2022 / Dominic Regan
Issue: 7978 / Categories: Opinion , Costs , Personal injury , Profession
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The insider: 13 May 2022

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Dominic Regan gears up for the costs case of the year & considers the tip of an approaching iceberg of litigation against solicitors…

The costs case of the year returns to the Court of Appeal in July. Belsner v Cam was abandoned after a false, confusing start in February. The parties, with the Law Society intervening, have agreed a new list of issues. I am indebted to PJ Kirby QC who generously sent me a copy.

While the core of the case is about whether informed consent was given to authorise deductions from damages, the net has been thrown much wider. Does protocol activity, which is screamingly pre-action, somehow fall within the ambit of ‘proceedings in the county court’, and might it amount to ‘contentious business’?

What might render this the costs case of the century is a possible identification of any duties owed by a solicitor to their client when agreeing terms of remuneration. Up for grabs are contentions that such a duty might be fiduciary, contractual, regulatory or, most controversially, some inchoate common law obligation.

The same

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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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