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21 January 2022 / Stephen Gold
Issue: 7963 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 21 January 2022

Possessions and Covid; More inquest legal aid; New contempt forms; Possession defence test; Dissolved companies caught

WHILE YOU WEREN’T LOOKING

Possessed! No mercy for housing practitioners and their clients. The temporary coronavirus residential possession PD 55C whose life was extended to 30 November 2021 has not quite fully lapsed as expected. CPR update 137 has seen to that in continuing the PD in relation to all claims issued before 1 December 2021 with no cut-off date as yet and the requirement for claimants to provide notices with the claim form and at the hearing about their knowledge of the effect of the pandemic on the defendant (see the PD at paras 6.1 and 6.2) until 30 June 2022.

Cracks in person The 138th CPR update burst into force at 8.00 am on 8 December 2021 and you never noticed. It introduces amendments to PD 51R and that is about the online civil money claims pilot which you will never hear about unless you drink with LiPs. The pilot is open

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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