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Civil way: 4 December 2015

04 December 2015
Issue: 7679 / Categories: Features , Civil way , Procedure & practice
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Shush!; creditors bankrupted; home court reversal & transferring up correctly

GOING WITH A GANG

There was one hell of a racket the other day as the writer was attempting to do justice between two warring spouses and that wasn’t just in his hearing room or the usher screaming out the decree nisi list within the precincts. It was outside the court building—still the local county court rather than any particular hearing centre comprised within the county court as they will need another fee hike before they can afford to change the signage—and it was down to the supporters of a litigant inside who might be at risk of eviction but, come on, it was a directions hearing and there were drums and bells and the writer thought he heard a trumpet between “section 25” and “matrimonial”.

There has been an increasing number of defendants giving mortgagees, landlords and bailiffs a hard time on the eviction appointment through the engagement of activist groups such as Freeman of the Land. They’re not going to take it any more.

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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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