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

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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