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Civil way: 6 June 2014

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

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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