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Civil way: 14 May 2021

14 May 2021 / Stephen Gold
Issue: 7932 / Categories: Features , Procedure & practice , Civil way
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Late L&T notice change; appeal route in finance cases; case management disorder; on-road removal unlawful; summary judgment beats default.

NOTICE SURPRISE

The assured tenancy notice seeking possession in England in Form 3 has been amended as many times as the size of my jacket. The latest amendment is down to the Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021, SI 2021/518, and, despite their worthiness, they will be unwelcome to landlords who have just served in blissful ignorance and prefer not to be kicked when they are down. The regulations came into force on 4 May 2021 (which was a meagre six days after they were made) and are devoted to the debt respite moratoria which apply as from the same date (see ‘Civil way’, 170 NLJ 7914, p16; NLJ 26 February 2021, p14) and have hardly been an overnight sensation. The amendment is by way of inclusion of new guidance that the form should not be served in relation to a moratorium

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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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