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Procedure & practice

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The Civil Justice Council (CJC) has extended the closing date of its consultation on costs by an additional two weeks, to 12pm on 14 October 2022. 
Insolvency fees alert; Overseas landowners targeted; Divorce guidance; CPR changes: second dose; Family: latest rule update
No escape from a bad bargain: the courts have made it clear that when it comes to contracts, what’s in black & white is of utmost importance, as Richard McMeeken explains
In this week’s Civil Way, former District Judge Stephen Gold notes an imminent price hike at the Insolvency Service, and reveals that transcripts may be procured at public expense for an appeal
David Walbank QC revisits the Human Rights Act 1998 and takes a look at how it affects cases in the present day
Investment in renewables is accelerating, and arbitration tends to be the best way to resolve disputes, writes Mark McMahon
The task of simplifying the Civil Procedure Rules (CPR) is ‘a mammoth task and expected to take quite some time, but is already showing promise’, Lord Justice Birss, deputy head of civil justice, has said in his foreword to the Civil Procedure Rules Committee (CPRC) annual report for 2021
Latest paper intensive CPR update; Latest painless CPR amendment rules
As the headline case rumbles on, Dan Stacey explores the courts’ previous stances on the issue of fiduciary duties & solicitors’ remuneration

Covid rent; Damp pays; Heavy breathing; New court; Acting for both sides; Permission for absence

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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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