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24 February 2017
Issue: 7735 / Categories: Features , Civil way , Procedure & practice
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Civil way: 24 February 2017

Vanishing claims; legal advisers get judgy; & managing incurred costs.

CPR RULES, OK!

Civil, family and insolvency procedure rules and practice directions are all in for a makeover. Here are some of the sexier changes from the Civil Procedure (Amendment) Rules 2017 (SI 2017/95) (CPAR 2017) and 88th CPR update which come into force on 6 April 2017, unless stated to the contrary. More next time.

The hearing is nearing The scheme for refund of the whole or part of the trial fee (which we used to call the hearing fee but which I must now call the trial fee and which you may continue to call the hearing fee unless in correspondence with the court or conversation with an anorak) is being scrapped. In return, the fee will not generally become payable until up to 28 days before the trial. The new scheme begins on 6 March 2017 in line with the Civil Proceedings Fees (Amendment) Order 2016 (SI 2016/1191) (see “Civil way”, NLJ , 13 January 2017, p17) but will not affect

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MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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