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Civil way: 10 February 2017

10 February 2017
Issue: 7733 / Categories: Features , Civil way , Procedure & practice
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More paper for non-moles; destroying a buffet; & Court of Appeal fix

PG FOR NON-MOLES

The President’s 13 October 2014 practice guidance on the duration of ex parte orders but with non-molestation orders being its focus has been replaced by more workable guidance issued by him on 18 January 2017 (see www.judiciary.gov.uk ) which practitioners should heed when drafting. Gone is the idea that the expiration of the ex parte order should coincide with the return date (say six hours apart) because this potentially exposed the non-molestation applicant to harm if the respondent failed to appear on the return date and could not be served with the new order or acquainted with its terms before expiry of the ex parte. Also ditched is the suggestion that the respondent be directed to notify the court within a specified period whether they intended to turn up to oppose the continuation of the order and that, in default, the court might deal with the return hearing on paper.

So now:

  • The ex parte must have a fixed
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MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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