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27 June 2013
Issue: 7556 / Categories: Features , Civil way
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Civil way: 28 June 2013

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The latest on Jackson

JACKCHAT

Gotcha!

If you thought you might escape paying an allocation fee on a plus £1,500 CPR Pt 7 claim on filing the new directions questionnaire (quite independently, of course, from your usual attempt at ducking the listing and hearing fees by drafting case management directions which provide for pre-trial checklists to be dispensed with) then think again. The Civil Proceedings Fees (Amendment) Order 2013 (SI 2013/734) which squeezed into force on 1 April 2013 having been made four days earlier (phew!) provides for the fee to be paid when an allocation or directions questionnaire is filed or when a case is allocated to track without a questionnaire. Another fees order is expected soon: court users are quaking.

Back door

Fixed costs in fast-track cases did not happen as Jackson LJ had envisaged and the amendment CPR unsurprisingly make no provision for fast-track costs management. How will proportionality be applied to fast tracks? Jackson LJ has suggested that the costs claimed by the fast-track receiving party might

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NEWS
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NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
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
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
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
NLJ this week: Finality trumps freedom in arbitration showdown
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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