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01 July 2022 / Stephen Gold
Issue: 7985 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 July 2022

Cross at court; 9.25% interesting; One-way judgment attack; 18 plus and sch 1; Who pays for the ATE?; Divorce update

YOUR COURT NEEDS YOU!!

The cross-examination loving ss 65/6 of the Domestic Abuse Act 2021 (DAA 2021) did not achieve commencement last month as we had foolishly predicted would happen, although we remain under starter’s orders. If they are not in by the end of this month then, once more, I am a banana. What has emerged is that for advocates recently returned from a Red Square branch office and with nothing else to do, work as court appointed qualified legal representatives (QLRs) looks set to emerge from court building ears.

In family proceedings, where a party has been cautioned for, charged with or convicted of a specified offence (under the laws of England and Wales, Scotland and Northern Ireland and there are 14 pages of them in SI 2022/568), they cannot cross-examine the victim in person or vice versa. Ditto in civil proceedings except where there has been

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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