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Fixed Costs Update: Bar Council and PIBA secure ‘overdue’ changes

In welcome news for practitioners, changes have this week been announced to address what PIBA describes as ‘long-standing flaws in the fixed recoverable costs (FRC) regime for advocates’. These include:

The failure to increase fixed advocacy fees in line with inflation for…

The Dekagram: 5th February 2024

Solicitors’ Assumption of Responsibility: Miller v Irwin Mitchell LLP [2023] EWCA Civ 53

There was good news for travel solicitors this week, with the Court of Appeal giving judgment for the solicitors in Miller v Irwin Mitchell.

The Claimant was injured on a…

Secondary Victim Claims – Where are we now?

The Supreme Court decision in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 was eagerly anticipated because of the impact it was likely to have on claims arising in a clinical setting.  What was not anticipated was that the Supreme Court…

A helpful landlord is not liable for carrying out improvement works

What happens when a landlord carries out improvement works and the tenant subsequently has an accident and argues that the improvement works, whilst improving and making safer the premises, did not go far enough? Is the helpful landlord liable to the tenant?…

The Dekagram: 29th January 2024

This week saw developments in Ryanair’s ongoing battle with online travel agencies. On the one hand, Ryanair has cut a deal with Loveholidays and Kiwi, allowing the agents to sell packages including Ryanair flights. On the other, the airline’s profit projections for…

Balancing Openness and Confidentiality: The Transparency Reporting Pilot in the Family Courts

On Monday 29 January 2024 the Transparency Reporting Pilot, which was launched last year in Cardiff, Leeds and Carlisle, will be extended and come into effect in a number of other court centres, including the Family Courts at the Central Family Court,…

Use of Intermediaries in the Family Court

Introduction

On 19th January 2024, the High Court handed down judgment in the case of West Northamptonshire Council (acting via Northamptonshire Childrens Trust) v KA (Mother & Anor) (Intermediaries) [2024] EWHC 79 (Fam). This judgment contained valuable guidance on the use of…

The Dekagram: 22nd January 2024

Another year, another consultation, this one a Call for Evidence to inform the upcoming review of the Personal Injury Discount Rate. This will be the first review where the Lord Chancellor will consult with an expert panel as well as the Treasury, and the…

Martin Warren -v- Yesss (A) Electrical Limited

In Martin Warren v Yesss (A) Electrical Limited [2024] EWCA Civ 24 the following question was asked: what is the correct test to apply when a party makes a late application for expert evidence in a new discipline (not addressed in previous…

The Dekagram: 15th January 2024

It’s 2024! The team has returned from its Winter holidays (skiing in Lincolnshire, since you ask. That’s the last time we let Jack book our hols), and we’re ready to attack the year with renewed vigour. And it’s just as well that…

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