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Civil way: 1 July 2022

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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