header-logo header-logo

15 December 2023 / Stephen Gold
Issue: 8053 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

Civil way: 15 December 2023

Family electronics; Latest CPR update; Cyclist potholed; Beating Pt 23 imperfections

LAWBITES

CPR theft OK When it comes to disclosure of electronic documents, the FPR at r21.2 are silent. The comparable CPR 31.17 is more detailed and aided and abetted by PD31B which expressly covers electronic documents (and see also CPR 31.5(9) and 31.22(4)). The FPR are to be improved to extend to disclosure of mobile phone records and other electronic jobs, but this will take time. For now, the Family Division’s President has issued a note drawing attention to the CPR provisions and the well-established principle that when there is a gap in the FPR, recourse may be had where appropriate to the CPR. The note suggests that the CPR will provide assistance to the court in family proceedings on considering making electronic disclosure orders.

Pencils out fast Planning fees in England were up on 6 December 2023 (SI 2023/1197) by 35% for major applications (residential development of at least ten dwellings etc) and 25% for all other applications

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll