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08 January 2014 / Dominic Regan
Issue: 7589 / Categories: Opinion
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A matter of interpretation

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What does 2014 hold for the Jackson reforms, asks Dominic Regan

It is over before it began. The speedy, decisive and blunt judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov), represents the real implementation of the Jackson reforms. Oh yes we had new words back in April but interpretation is everything. Any doubt should now evaporate.

A matter of default

Contrary to the views expressed by some this case was really nothing to do with budgeting. It was about default and the way that courts should deal with non-compliance. The offending breaches were in the context of the defamation pilot scheme which had been running for years already.

The Master of the Rolls went out of his way to praise the costs judge.

Lord Dyson rightly acknowledged that forgiveness is still available under CPR 3.9, a measure that has been rewritten but not abrogated. The new battleground will be to distinguish minor lapses from major ones as the former ought to be overlooked.

Uncertainty

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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

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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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