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Civil way: 30 November 2018

29 November 2018
Issue: 7819 / Categories: Features , Civil way , Procedure & practice
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Latest CPR update; family changes too; Costs Guide Revival; Fast then Small; Family Orders march on

101, COUNT THE FUN

It has arrived: CPR update 101. Delegation of powers to non-judges throughout the legal system continues to rival on-line grocery deliveries in popularity. As from 8 November 2018 legal advisers in the CCBC and CCMCC are able to grant permission to counterclaim after the filing of a defence even without consent. The only caveat is that the counterclaim limitation period has not expired which in itself might give rise to a conundrum worthy of consideration by three Lords Justice of Appeal.

The plan for Gogglebox civil justice has not been derailed even by Brexit. Proof comes in the form of a 12-month video hearing pilot scheme which starts today under PD51V. It will operate out of Birmingham and Manchester only (the latter also participating in next year’s flexible hours pilot and qualifying the district judges there for bravery awards) and be confined to applications to set aside default judgments where the parties have consented

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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