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11 July 2019
Issue: 7848 / Categories: Features , Procedure & practice , Civil way
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Civil way: 12 July 2019

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Bailiffs snoozing; missing but remembered; minor costs; real prospects; orders taken short

HUG A DEBTOR

If you find the county court bailiff is taking longer to execute your warrant of control, here’s why. Warrant of control centres are being established in 12 locations—some are already operational—to which there will be referral of all warrants, whether issued either on a paper request to a hearing centre or an online request to Money Claim Online. Over a period of around 12 days, the centres will attempt to engage with debtors with a view to organising a pay up and giving support. Cynics might suggest this will give even more time for the home cinema equipment to be dismantled and that the High Court is looking even more attractive for enforcement of a £600-plus county court judgment. How a creditor’s application to abridge notice to the debtor of an intention to call, possibly to nil, will be dealt with, remains to be seen.

GONE FISHING?

Beware of being talked into an extended holiday abroad. The Guardianship

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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