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05 November 2013 / David Greene
Categories: Features , Costs , Budgeting
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Costs in the headlines

David Greene anticipates the ripple effect of Mitchell

There has been a flurry of conferences and seminars surrounding the theme of “Jackson—six months on”. To coincide with the publication of the NLJ/London Solicitors Litigation Association survey of solicitors on the Jackson reforms, a newscast was prepared which covers some of the issues that have arisen in the last six months, available here.

As was noted in the newscast, it is not the substantive changes removing the right for recovery of the success fee and after the event (ATE) premiums that is grabbing the headlines for litigators but costs budgeting and the apparent new attitude from the court that is really causing a flurry in the profession. Indeed the new tough kid on the block has CPR 3.9 on his jacket and “relief against sanctions” tattooed on his forehead.

In his preliminary report, Lord Justice Jackson suggested the possibility that the existing and new rules may be imposed by the courts with rigour. “There

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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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