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11 May 2018
Issue: 7792 / Categories: Features , Civil way , Procedure & practice
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Civil way: 11 May 2018

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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

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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