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Civil way: 29 September 2017

28 September 2017 / Stephen Gold
Issue: 7763 / Categories: Features , Civil way , Procedure & practice
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CPR updated 92nd time, new PD on child abuse, QOCS skirmish

The latest CPR changes hit us on 1 October 2017 as the Civil Procedure (Amendment No 2) Rules 2017 (SI 2017/889) come into force presented as the 92nd update and two Practice Directions (PDs) to complement are awaited.

Division 2 There may be cases which require the brains and intellect of a judge from two or more divisions of the High Court such as those involving matrimonial property where family and chancery might have—and have had—different ideas. In that situation, CPR 3.1 is amended to explicitly allow something which has been regarded as implicitly permissible, namely a case management direction that a hearing may proceed before a Divisional Court comprising judges who may come from different divisions and they can then have a public punch up which is likely to be an all ticket affair.

Roll up Just in case a pedant suggests that a 2016 amendment to CPR 52 may have done away with the court’s power to roll up an

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
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The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
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