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16 February 2024 / Dominic Regan
Issue: 8059 / Categories: Opinion , Profession , Costs , Procedure & practice
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The insider: 16 February 2014

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Dominic Regan mixes revelations about fixed costs with nods to a tense parlour game, neglected DJs, unwanted elevation & a must-have frisbee

Hot off the press! The Civil Procedure (Amendment) Rules 2024 (SI 2024/106) are to come into force on 6 April. They address a variety of concerns generated by the October 2023 fixed recoverable costs reforms.

Regulation 6(2)(a)(ii) is the one that claimant clinical negligence practitioners have been panting for.

The default position in the new intermediate track for claims worth between £25,000 and £100,000 is that clinical negligence claims are excluded. However, an exception was provided for where a defendant ‘admitted both breach of duty and causation’.

What though would amount to such an admission? Precisely when was the admission to be made? The answer is:

‘(ii) there has been an admission of liability in full, which means that the defendant accepts that the claimant has suffered loss, including the injury set out in the letter of claim under the Pre-Action Protocol for the Resolution of Clinical Disputes, caused by the defendant’s breach of duty of care; and

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Jurit LLP—Caroline Williams

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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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