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Civil way: 17 February 2023

17 February 2023
Issue: 8013 / Categories: Features , Procedure & practice , Civil way , CPR , Costs
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QOCS changes; jumping financial remedy queue; suing the state; Fast Track costs on small claim; life after Tate Modern; new FPR amendments.

LOTSAQOCS

The Supreme Court’s decision in Ho v Adelekun [2021] UKSC 43, [2021] All ER (D) 17 (Oct) could have looked counterintuitive and unfair. The justices said that, not me. I wouldn’t dare. It addressed the conundrum which arose in a qualified one-way costs shifting (QOCS) case over set-offs where the claimant was awarded damages and there were opposing costs orders. It was decided that the defendant who had an order for costs in their favour could not offset them against both the claimant’s damages and interest and a costs order in the claimant’s favour (perhaps made on an unsuccessful interim application to strike out). The offset was limited to the damages and interest. Amendments to CPR 44 to be brought into force on 6 April 2023 by the Civil Procedure (Amendment) Rules 2023, SI 2023/105, and only applying to proceedings issued on or after that date, are aimed

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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