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16 September 2022 / William Gibson
Issue: 7994 / Categories: Features , Profession , Criminal
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Lawyers' fees: an ungodly jumble?

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William Gibson discusses how the current barristers’ strike is attracting attention to legal fees—again

Payne J in 1976, dealing with a costs appeal, said: ‘Paying low fees could work against the public good’. He added: ‘It was important to reach a proper balance between preventing litigation becoming so expensive as to make justice unattainable by many members of the public and the factor of providing that solicitors and counsel should be adequately remunerated’. That paragraph could almost have been a quote from the Woolf or Jackson proposals. A few years later Lord Denning famously called the whole subject of legal costs ‘an ungodly jumble’ and trying to make sense of that jumble has occupied costs professionals for decades. One basic factor since 1976 remains unchanged: solicitors just want a fair and reasonable return for the time and effort put into keeping in place a system of civil litigation of which practitioners are rightly proud. Achieving that aim will require the services of costs professionals for years to come. Although

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NEWS
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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
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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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