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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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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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