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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.


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Birketts—trainee cohort

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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