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Civil way: 19 April 2019

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18 April 2019
Issue: 7837 / Categories: Features , Procedure & practice , Civil way
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No fault default; unqualified DisSERVICE; stamping out; Bingo caller falls asleep.

BREAKING DOWN INSTRUCTIONS

‘My dear Parliamentary Counsel,

I have respite for you from all that Brexit statutory instrument rubbish drafting. A Bill based on our consultation response on reducing family conflict. We haven’t decided on everything yet so make some of it up as you go along. Parliamentary time has to be found once you’ve done the job and the family procedure amendment rules and a PD to support will be a right headache so I’m praying that we can wrap it all up before the expiration of a continuous period of two years from my announcement, with everybody’s consent. Getting an online scheme going is another matter. I fear there will be more pilots than in a Heathrow bar.

Nullity is untouched. The bar for going for divorce or civil partnership dissolution within one year of the ceremony is untouched. Irretrievable breakdown for both is untouched. The five factors for proving irretrievable breakdown go. Instead, a joint or several statements

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
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NLJ this week: The insider returns
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
NLJ this week: Drawing the line on contempt
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
NLJ this week: Stop and search by the numbers
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
NLJ this week: Looking back on the prorogation that never was
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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