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Civil way: 12 March 2021

10 March 2021
Issue: 7924 / Categories: Features , Procedure & practice , Civil way
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B&PC witnesses to go into hiding; housing reform; latest FPR update; flexible challenge; damages whipped and lashed.

WITNESS STATEMENT ORDEAL

We complete our look at the 127th CPR update (see ‘Civil way’, NLJ 26 February 2021, p14) with the dreaded new PD 57A and its statement of best practice on Pts 7 and 8 trial witness statements in the Business and Property Courts (B&PC). The essential first step is to establish when you can ignore it. Chuckle away if you can get your witness statements signed before 6 April 2021, you are not litigating out of a B&PC or the statements are for an interim hearing or proceedings specified at para 1.3 of the PD (including most insolvency business and claims under the Inheritance (Provision for Family and Dependants) Act 1975 and if they don’t amend the PD to put in the ‘and’, I will impose the strictest sanction known to man). Admiralty proceedings commenced by forms ADM1/1A/15/20 escape as well but a practice note from the

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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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