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Civil way: 12 November 2021

10 November 2021 / Stephen Gold
Issue: 7956 / Categories: Features , Procedure & practice , Civil way
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Seconds out over statements; B&PC disclosure lite; Landlords at the double; Insolvency PD; Land Registry fees up

WITNESS STATEMENT PUNCH-UP

Factual witness statements in the Business and Property Courts (B&PC) are purgatory. Those aggrieved are giving serious consideration to the protest blockage of all accessways to the RCJ with copies of the Green Book and downloads of PD 57A and its statement of best practice glued to the ground.

Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC) ought to discourage satellite litigation on compliance disputes. In this case, the three-day shorter trial building dispute was due to kick off on 18 October 2021. Four days earlier Mrs Justice O’Farrell and the rest of the cast were occupied for a one-day battle over compliance cross-applications which ended with some redactions here and some redactions there and an indication that costs should be in the case. Here’s the meat.

‘Give us a break’ Where non-compliance is alleged, the parties should attempt to reach an agreement. If not

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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