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15 March 2013
Issue: 7552 / Categories: Case law , Law digest , In Court
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Costs—Referral fees

R (on the application of Association of Personal Injury Lawyers) v Secretary of State for Justice [2013] All ER (D) 11 (Mar)

Under the provisions of ss 56-60 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the payment and receipt of referral fees in personal injury cases would be banned from April 2013 as part of the government’s reform on “no win no fee” conditional fee agreements. One of the effects of the provisions of the Act was to reduce the fixed costs for small value personal injuries claims. The reforms had been made clear in advance to relevant groups, however there had still been some discussions concerning the amount of the reduction to fixed costs. In February 2012, the prime minister met with representatives from the insurance industry, following which, communications were sent between the government and the insurance industry. Subsequently, the provisions and effects of the Act were made public. The claimant challenged, by way of judicial review, the secretary of state’s decision to implement the reforms. The claimant submitted that the

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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