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Civil way: 16 February 2024

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16 February 2024 / Stephen Gold
Issue: 8059 / Categories: Features , Procedure & practice , Civil way
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Tribunal fees coming; Child support fee going; The value of a sanction; New CPR rules and PD update

LAWBITES

Employment tribunal takeaway Fees are returning to employment tribunals and the Employment Appeal Tribunal. The government is consulting on a ‘modest’ £55 for claim issue (excepting cases required to establish an entitlement to a National Insurance Fund payment) and on an appeal. ‘Help with Fees’ might disapply or reduce. Consultation closes on 25 March so expect a draft response by breakfast the next day.

Child support giveaway The Child Maintenance Service (CMS) could do with a bit more business. Since the 2012 scheme got going, take up has been lower than predicted. The proportion of separated families with CMS arrangements stood at 19% at the last count. So how can more parents with care be encouraged to pile in with an application? Scrap the £20 application fee, which is currently only waivable for victims of domestic violence and the under-19s. That’s what they are doing, with help from the Child Support (Management of Payments

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MOVERS & SHAKERS

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NEWS
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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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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
NLJ this week: How not to plead a schedule of loss
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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