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06 June 2014
Issue: 7609 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 June 2014

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Agreeing extensions, save ££££££s online & consumers growing stronger

THE M WORD

You know the M word and it’s not Marmalade or Magnesium. We shall try to keep our promise and not mention it again or too often. This will be a challenge as we appraise you of the Civil Procedure (Amendment No 5) Rules 2014 (SI 2014/1233) which came into force yesterday, 5 June 2014, without any transitional provisions.

Now MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 QB, [2014] (D) 130 (Jan) (see “Civil way”, NLJ, 21 March 2014, p18) in the wake of that M case focused attention on CPR 3.8. This scuppers any effective agreement between parties to extend time for compliance with a direction or court order which carries a sanction for non-compliance. The application for an extension has had to be made to the court although it has been open to the non-defaulting party to state it will not oppose an extension subject to the court’s blessing. Lloyd & Sons has led to

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MOVERS & SHAKERS

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Ward Hadaway—Matthew Morton

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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