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Civil way: 23 September 2016

23 September 2016
Issue: 7715 / Categories: Features , Civil way , Procedure & practice
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Seeing off malicious claims; Triumph for QBD Masters; & Court of Appeal: keep out

Brand new threatener

“On the instructions I have received, your claim against my client now proceeding in the County Court at Macclesfield lacks reasonable and probable cause and you have no bona fide reason for making it. My instructions are that the claim has already caused him injury to his health and financial loss and the longer the claim is allowed to continue, the greater that loss will be. I have advised my client that in commencing and persisting with the claim you have committed the tort of malicious prosecution and in that connection I draw your attention to the majority judgments of the Supreme Court in Willers v Joyce and another [2016] EWHC 1315, [2016] All ER (D) 97 (Jul).

I hereby give you notice that unless within seven days of the date of receipt of this letter and in accordance with r 38.3 of the Civil Procedure Rules 1998, you discontinue the claim and serve me on behalf of my client

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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