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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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