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Civil Way: 14 August 2020

13 August 2020 / Stephen Gold
Issue: 7899 / Categories: Features , Procedure & practice , Civil way
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Enforcement agents under control; Possession paralysis punctured; Hello reactivation notice

Enforcement agents awake

Two sets of CPR amendment rules (SIs 2020/747/751 for the third and fourth respectively) have arrived with PDs for each and inspiring updates 122 and 123. Let’s have a look at what is effective on 23 August 2020 and which is almost exclusively devoted to possessions. There’s a feast of material for later on, mainly 1 October 2020. Watch this space.

The 23 August 2020 is the day that enforcement agents awake from their slumber. It is the day on which the stay on possession proceedings and execution of possession orders (see ‘Civil way’, NLJ 19 June 2020, p17) is lifted and the bar on taking control of goods at a dwelling (see ‘Civil way’, NLJ 8 May 2020, p24) comes to an end. For business premises in England, the enforcement of forfeiture and re-entry rights on the ground of rent arrears (see ‘Civil way’, NLJ 3 July 2020, p17) presently remain paralysed until 30 September 2020.


Agents

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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