header-logo header-logo

13 April 2018 / Stephen Gold
Issue: 7788 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 13 April 2018

  • Ah ha, it’s Aarhus.
  • Stay or leave after a s21?
  • Dilemma for solicitors.

CAP TO FIT BETTER

To get through to the quarter-finals of the CPR Brainbox of the Year contest, define an Aarhus (it’s in Denmark) Convention Claim, without hesitation, deviation or repetition. It is an environmental judicial review or statutory appeal to which the convention applies and to which we are signed up and this was devised to see that the public has access to proceedings which challenge public authorities and that these proceedings are ‘not prohibitively expensive.’ Aarhus proceedings forced themselves into the first 2017 amendment CPR (see 'Civil wayNLJ 24 February 2018) as we had not done very well on the ‘not prohibitively expensive’ bit. Now these proceedings have forced themselves into the Civil Procedure (Amendment) Rules 2018 (SI/2018/239) comprised within the 95th update which came into force on 6 April 2018 and speak of nothing else. To blame is the aptly named Dove J for his judgment in RSPCB and

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll