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Civil way: 13 April 2018

13 April 2018 / Stephen Gold
Issue: 7788 / Categories: Features , Civil way , Procedure & practice
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  • 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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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