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10 February 2021 / Stephen Gold
Issue: 7920 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 12 February 2021

Facelift for N244; Cross-class cram down news; The knowing waive; Win for QBD Guide; Flexible tenancy appeal; Staying with possession

THE N244: LATEST

We awoke 100 litigators at home, midday, and asked them to name a court form. 49 said notice of appeal; 51 said application notice. Yes, the N244 has it and, more importantly, the form has just been revamped. Social media criticism of the revised version is unjustified. It is good to look at, rather trendy and can be expected to be aped by other forms to come. Its main claim to fame is that it contains the new statement of truth. May be that slightly strays from the CPR PD 22 order of wording but that’s alright. The paragraph 10 space for supporting evidence has been enlarged; there’s some data protection nonsense about how HMCTS uses personal information provided in the form (surely they’re not behind those scam calls I have been receiving to say my telephone line is about to be cut off?); and it is impliedly

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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