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Civil way: 19 January 2024

© Copyright LexisNexis 2026. All Rights Reserved.
19 January 2024 / Stephen Gold
Issue: 8055 / Categories: Features , Procedure & practice , Civil way
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TUPE changes; CPR and tribunal rules; FRC invasion imminent; X-examination peanuts; AI reaches the law; Head bashing; CPR Pt 71 under the microscope

DEVELOPMENTS LITE

New year presents for the boss The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024. They reform consultation requirements under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) for post-30 June 2024 transfers. The circumstances in which employers can inform and consult directly with employees will extend to businesses with fewer than 50 employees, and also where there are fewer than ten employees transferring. Other reforms are to record keeping requirements and annual leave and holiday pay requirements under the Working Time Regulations 1998 (SI 1998/1833).

Calm down! Yes, the Civil Procedure (Amendment No 4) Rules 2023 (SI 2023/1397) did come into force on 20 December 2023. However, unless you have a niche practice in court proceedings relating to state threats prevention measures, as introduced by the National Security Act 2023,

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MOVERS & SHAKERS

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NEWS
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Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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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