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Procedure & practice

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The Chancellor of the High Court has published a practice note which confirms the process that is to be followed in some cases in Business in Property Courts cases for witnesses that provide evidence via video link or other remote means from a foreign jurisdiction.
Numerical nightmares & conjured-up counterclaims: Dominic Regan counts the costs of some headline headaches
Have expenses under a freezing injunction become a further means to dissipate? Natalie Todd & Richard Swan investigate
Part 36 settlement offers: Helen Armstrong & William Rowell outline how to avoid the pitfalls
Michael Zander concludes his account of the Police, Crime, Sentencing and Courts Bill
Why the coronavirus excuse for delay won’t hold water with the commercial courts for much longer, according to Sarah Murray
With all the chaos of remote working, home schooling and other disruptions during the pandemic, it is not surprising that lawyers and litigants struggling with deadlines have cited COVID-19 as an excuse, Sarah Murray, head of dispute resolution at Stevens & Bolton, writes in this week’s NLJ.
Barristers and advocates have warned against widespread adoption of remote hearings post-pandemic.
The Law Commission has opened a consultation on the proposals to allow ‘for legal recognition of trade documents’, such as the bills of lading and bills of exchange. The consultation paper sets out proposals for law reforms to allow for electronic documents to be ‘possessed’ and to have the same legal impacts as its paper counterparts. 
Successfully appealing a trial adjournment refusal ‘is as hard as it gets’, former District Judge Stephen Gold writes in this week’s Civil Way.
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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

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

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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