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Civil way: 11 May 2018

11 May 2018
Issue: 7792 / Categories: Features , Civil way , Procedure & practice
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  • New Insolvency PD in force.

  • CPR PD changes.

  • Court of Appeal’s latest instalment.

COUNTY COURT SHOCK

The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) came into force on 6 April 2017 (see 'Civil way', NLJ 10 March 2017). But no new PD. In appreciation of the urgent need to issue one, it was published around one year later and came into force on the same day, to wit 25 April 2018. It reflects the 2016 rules and recently decided cases, changes to the CPR (particularly in relation to the Business and Property Courts PD) and specifies the revised arrangements for the distribution of insolvency business across the different judicial levels.

Here’s the Big One (para 3.7). Apart from uncontested or contested statutory demand applications, unopposed creditors’ winding up petitions and unopposed bankruptcy petitions (now labelled as ‘local business’), County Court hearing centres not located at a District Registry have been robbed of insolvency jurisdiction. They are required to transfer to a County Court with insolvency jurisdiction which is located

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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
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
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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