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Procedure & practice

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Portal grab for defendants; Covid rent arbitration flop; Beware of glass cubes; MIAM rule book.

HM Courts & Tribunals Service (HMCTS) has discussed how it prepared Croydon Crown Court in July 2022 to support the first deaf juror, Karen, to serve in a trial aided by British Sign Language (BSL) interpreters. 
The Ministry of Justice (MoJ) and HM Courts & Tribunals Service (HMCTS) have announced that pre-recorded is now available at every Crown Court in England and Wales.
HM Courts & Tribunals Service (HMCTS) has published updated guidance for court users in England and Wales conducting judicial review in the Administrative Court. 
Former district judge and keen legal archaeologist Stephen Gold has unearthed more treasure from the NLJ archives. This week he takes us back to 1935, when stipes and county court judges are told to retire in their 70s but High Court judges can go on forever.
David Burrows reflects on the state of family law & considers the chances of alignment of the Family Procedure Rules 2010 with the Civil Procedure Rules 1998
Dr Wendy Laws provides an invaluable guide to interpreting negligence cases
Stephen Gold is unable to leave the archives alone. This month he sees the Lord Chief Justice tying the knot and discovers the bad habits of conveyancing solicitors
A judicial review challenge brought by the Director of Public Prosecutions (DPP) to refusals to extend the custody time limits of defendants in two separate cases has hit obstacles due to administrative delays.
Eyewitness accounts take precedence where expert testimony is unable to ‘unlock’ a case, the Court of Appeal has held.
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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