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10 November 2021 / Stephen Gold
Issue: 7956 / Categories: Features , Procedure & practice , Civil way
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Civil way: 12 November 2021

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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