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17 March 2023 / Dominic Regan
Issue: 8017 / Categories: Opinion , Costs , Procedure & practice , Litigation funding , ADR , Profession
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The insider: 17 March 2023

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Fixed costs to come when the leaves fall? Dominic Regan tackles listing woes, distressed litigation funders & what’s spooking the banks

I have it in writing from Lord Bellamy KC. ‘The extension of fixed recoverable costs will be implemented in October 2023,’ he wrote on 27 February. The failure to deliver rules as promised last October and then a further postponement of changes next month had led more than a few to think it was all going to be abandoned.

A reprieve has been granted in housing cases. There was genuine concern that those in dire straits would lose all hope of representation in such matters if costs were suppressed by regulations. Last month, the Ministry of Justice confirmed that nothing would change for two years. In fact, the delay will be longer. It might be forever. A general election must take place by 24 January 2025. In all probability it will be before then. As soon as a date is fixed, the civil service enters a period of purdah which means it sits on its hands

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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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