Civil way: 15 December 2023

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