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

  • 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

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
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