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16 February 2018 / Jonathan Goodliffe
Issue: 7781 / Categories: Features , CPR
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All hail the CPR!

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‘DDJ Goodliffe‘ of the Brexeter County Court fires a warning shot against recalcitrant lawyers & experts

The Civil Procedure Rules (CPR) are a comparable development to the laws of Hammurabi and Justinian, Magna Carta and the Napoleonic Code. All English lawyers who practise litigation in the 21st century should contribute to the advancement of the reforms. Resistance to this progress must be crushed.

The most important aspect of the rules is the emphasis on making wasted costs orders against recalcitrant lawyers. Many solicitors who conduct litigation in this country are either over-aggressive, over-greedy, incompetent or lazy. Lawyers have grown fat over the last 50 years from legal aid and the generosity of the Court Taxing Office. If lawyers witness the humiliation and ruin of those who incur the displeasure of the judiciary, they may start to shape up. Experience has proved that appeals to the higher instincts of people like this merely fall on deaf ears.

There is, however, an increasing realisation that wasted costs orders may in certain circumstances be an insufficiently Draconian

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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