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Civil way: 1 March 2024

01 March 2024 / Stephen Gold
Issue: 8061 / Categories: Features , Procedure & practice , Civil way , Litigants in person
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Havin' the Latin; Dr Gold's CPR prescription

IGNORANTIA JURIS NON EXCUSAT

The litigants in person (LiPs) in Greenwood and another v Pringle [2024] EWHC 84 (Ch) do not appear to have got much procedurally right. But as Judge Paul Matthews pointed out, being a LiP is not a good reason for breach of a procedural order (see Barton v Wright Hassall [2018] UKSC 12 and post-Sumption, Mainline Pipelines Ltd v Phillips and another [2023] EWHC 2146 (Ch)); nor are living abroad or being elderly or impoverished.

The LiPs here were seeking, among other things, to overturn an order setting aside their statutory demand with a £4,680 costs order against them. Out of two directions given of which they were in breach, one of them (the likes of which have been known to cause even seasoned litigants to spit tacks) was for the filing of a transcript of the judgment below. They contended it was not necessary and the transcript was too expensive (they having asked for one of the

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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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