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10 December 2021 / Stephen Gold
Issue: 7960 / Categories: Features , Procedure & practice , Civil way
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Civil way: 10 December 2021

Judgment debtors hit for VAT; Success fee through back door; Divorce reform latest; Document redaction OK? Service charge battle; Mercy for Personal Reps

ENFORCEMENT PANTO

Oh yes you can. Oh no you can’t.’ As the pantomime season approaches, it is appropriate that the Taking Control of Goods (Fees) (Amendment) Regulations 2021 (SI 2021/1288) should have come into force yesterday 9 December 2021. Where the judgment creditor is not VAT registered, they will entitle a sum equivalent to the VAT element on the prescribed enforcement costs and disbursements to be recovered by the enforcement agent from the judgment debtor. There has been many an argument in enforcement agent watering holes about whether creditor or the debtor should bear this element. The Ministry of Justice asserted that the subordinate legislation and common law supported their case that it was the debtor who had to pay up but still there were fights and bloodied walls over this. And so we now have clarification on the issue.


FAMILY ENJOYS SUCCESS FEE

Orders, albeit

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

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Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

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Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

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Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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