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03 February 2023 / Dominic Regan
Issue: 8011 / Categories: Opinion , Costs , Expert Witness , Procedure & practice
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The insider: 3 February 2023

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If you can’t say anything nice, don’t say anything at all: Dominic Regan covers shocks & surprises when the bill comes, & underlines the importance of following the rules

‘A customer should never be surprised by the bill he or she receives from a lawyer.’ The more I reflected upon those 16 words found on p5 of the guide to charging published by the Legal Ombudsman, the more I thought that it captured the essence of costs law. True, it comes in at 3,000 pages less than the imminent new 4th edition of the magisterial Friston on Costs. However, so many recent cases concern surprises (shocks) when a bill is levied. I suggest that every fee-earner in the profession should learn that mantra and adhere to it.

Our distinguished readership includes Simon Williams, legal ombudsman, who got in touch after my column reflecting on the Belsner saga (‘The insider’, 172 NLJ 8004, p8). He told me that there has always been a steady stream of complaints

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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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