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28 January 2018 / Stephen Gold
Issue: 7771 / Categories: Features , Civil way , Procedure & practice
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Civil way: 2 February 2018

‘Cappuccino to declare’; Court of Protection Rules, OK?; Shy on Fraud; New FPRs.

RAGBAG

Full bodied but a bit oaky HMC&TS has recently updated its policy on searching liquids brought into courts and tribunals. Anyone turning up with a plastic drinks container or an opened can or carton will be asked to take a sip and taste the liquid with a view to proving (beyond all reasonable doubt or on the balance of probabilities depending on the nature of the business conducted at the venue and with a right headache where both criminal and civil work is listed there) that the contents are not prohibited.

Adoption matching Successfully matching children up for adoption with prospective adopters and doing so more speedily should result from the Adoption and Children Act Register (Search and Inspection) Regulations 2017 (SI 2017/978) which came into force on 2 November 2017. The register of relevant children will be accessible to approved adopters as to certain prescribed information—nothing sufficient to identify—for ‘adopter-led matching’ which will often lead to consideration of children

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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