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Civil way: 15 January 2021

13 January 2021 / Stephen Gold
Issue: 7916 / Categories: Features , Procedure & practice , Civil way
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Hands off companies; Hands off stock; Hands off house; Feet up for divorce

LAWBITES

Wound down The restrictions on the use of company statutory demands and presentation of winding up petitions introduced by the Corporate Insolvency and Governance Act 2020 (see ‘Civil way’, 170 NLJ 7895) are extended from 31 December 2020 to 31 March 2021 by SI 2020/1483.

What a business The paralysis in forfeiture or re-entry of business premises for non-payment of rent has been extended from 31 December 2020 to 31 March 2021 by SI 2020/1472 in England and SI 2020/1456 in Wales (see ‘Civil way’, 170 NLJ 7904).

Much ado about little? From 28 January 2021 the civil legal aid financial eligibility cap on the disregard of any mortgage or charge on the applicant’s interest in land is removed. Instead of a limited secured sum of £100,000 of debt being reckoned, the whole lot will be taken into account. Disposable capital of between £3,000 and £8,000 requires a contribution and scoring over £8,000

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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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