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03 February 2023 / Dominic Regan
Issue: 8011 / Categories: Opinion , Costs , Expert Witness , Procedure & practice
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The insider: 3 February 2023

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If you can’t say anything nice, don’t say anything at all: Dominic Regan covers shocks & surprises when the bill comes, & underlines the importance of following the rules

‘A customer should never be surprised by the bill he or she receives from a lawyer.’ The more I reflected upon those 16 words found on p5 of the guide to charging published by the Legal Ombudsman, the more I thought that it captured the essence of costs law. True, it comes in at 3,000 pages less than the imminent new 4th edition of the magisterial Friston on Costs. However, so many recent cases concern surprises (shocks) when a bill is levied. I suggest that every fee-earner in the profession should learn that mantra and adhere to it.

Our distinguished readership includes Simon Williams, legal ombudsman, who got in touch after my column reflecting on the Belsner saga (‘The insider’, 172 NLJ 8004, p8). He told me that there has always been a steady stream of complaints about costs and deductions. There has been no surge post-Belsner.

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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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