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10 February 2017
Issue: 7733 / Categories: Features , Civil way , Procedure & practice
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Civil way: 10 February 2017

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October 2014 practice guidance on the duration of ex parte orders but with non-molestation orders being its focus has been replaced by more workable guidance issued by him on 18 January 2017 (see www.judiciary.gov.uk ) which practitioners should heed when drafting.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: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

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Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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