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29 January 2021 / Stephen Gold
Issue: 7918 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 29 January 2021

Six months’ arrears will do it; ‘There’s a sheriff calling’; MPS at CA; A bit of Brexit

CRUMB FOR LANDLORDS

The ban in England on residential evictions and eviction notice delivery which was extended to 11 January 2021 (see Civil way, NLJ 27 November 2020, p11) has been extended further to 21 February 2021 by the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15). Here’s the crumb for bread-loving landlords. The limited exceptions to the ban have been modified in respect of tenants with rent arrears. At least six months’ arrears accrued before 23 March 2020, as at against the previous nine, will now be sufficient to enable the landlord to be released from the ban. The issue and prosecution of possession proceedings may proceed as may the enforcement of writs and warrants of restitution against those who have returned following eviction. The Ministry of Justice believes that when the court makes an order for possession during the ban period, it will record whether it falls within one

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NLJ Career Profile: Ken Fowlie, Stowe Family Law

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NEWS
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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