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Civil way: 5 April 2019

04 April 2019
Issue: 7835 / Categories: Features , Procedure & practice , Civil way
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Missing persons; letting agents targeted; more bingo & forfeiture traps 

WHERE ARE THEY NOW?

We found you the husband in Cowan v Cowan [2001] EWCA Civ 679 last time ('Civil way', NLJ 22 March 2019, p14), albeit that he had by then shuffled off this mortal coil. Alas, I fancy that Old Man Bundy is no more and the remains of the snail in Donoghue v Stevenson [1932] AC 562 cannot be located. The good news is that the husband in Charman v Charman (No 4) [2007] EWCA Civ 503 which he left with £83m in his pocket less legal fees—a post Miller case on the sharing principle in relation to non-matrimonial property—is alive and litigating and has been detected by the Civil Way radar.

We picked up John Charman in the first tier tax tribunal in Charman v HMRC [2018] UKFTT 765 (TC) where he was challenging tax assessments for circa £13m on the primary ground that at no material time was he resident in the UK. He was partially

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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