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16 August 2018
Issue: 7806 / Categories: Features , Civil way , Procedure & practice
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Civil way: 17 August 2018

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Joy of the stay over; brief work; (in)solving nothing.

THE OVERNIGHT GAME

Child support maintenance will be reduced if the payer (to hell with the statutory jargon) has one or more of the children with them for at least 52 nights a year (for example, by one-seventh for 52 to 103 nights in the year). Cynics would have you believe that the reduction scheme within sch 1 to the Child Support Act 1991 and regs 46 and 47 of the Child Support Maintenance Calculations Regulations 2012 (SI 2012/2677) is occasionally the driving force behind the payer’s court application for increased contact.

In JS v SSWP and another [2018] UKUT 181 (AAC) the Upper Tribunal drew attention to the fact that the current calculations regulations differ from their predecessors in that the maintenance assessment is to look forward for 12 months from the effective date. What has to be determined is the number of nights the payer is expected to have care during the 12 month period. The regulations provide that in making the determination

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MOVERS & SHAKERS

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Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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