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22 March 2013
Issue: 7553 / Categories: Features , Civil way , Jackson
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Civil way: 22 March 2013

The avalanche of Jackson legislation continues unabated...

JACKCHAT

The avalanche of Jackson legislation continues unabated. The Civil Procedure (Amendment No 2) Rules 2013 (SI 2013/515) amend the amended and facilitate the opt out of costs budgeting for plus £2m Chancery, Construction and Technology and Mercantile Court claims (see Civil way). They also fine-tune transitional measures by providing that costs incurred in respect of work done before 1 April 2013 will not be subject to the new standard basis proportionality test (proportionality trumping reasonableness) (see again Civil way).

A tiny 61st update has been issued which introduces a new PD51I covering a second six month mediation service pilot scheme for small claims as from 1 April 2013. The first pilot scheme brought to us by PD51H lapses (see Civil way). Free mediation will be available where both parties are willing to tango in claims up to £10,000 (apart from road traffic accident, personal injury and housing disrepair claims) issued not simply out of the CCMCC but issued out of the Production

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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