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Civil way: 29 October 2021

29 October 2021 / Stephen Gold
Issue: 7954 / Categories: Features , Procedure & practice , Civil way
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Possession reviews evicted; Security offer too insecure for CoA; Onerous term defeats £180K claim; Employment tribunal rules amended

END OF MONTH REPORT

District judges and their deputies recently compiled data for one month on how they were spending their judicial time and without even the enticement of free participation in a prize draw. The civil statistics are interesting. Trial durations are overestimated: on average, a three-hour trial for a 4hour 30 mins estimate. LiP hearings are shorter than represented hearings (someone at the MoJ will jump on that). Review hearings for possession cases have been a flop. Too few settlements and so the Master of the Rolls has decreed that such hearings and triage hearings in advance of the final shoot out should no longer be standard practice but local practice may dictate otherwise. There will be a CPR change.


COURT OF APPEAL GOES BANKRUPT

We have met the beanless defence to a bankruptcy petition. ‘No point in bankrupting me, I don’t have a bean.’ The defence in Hughes and another v

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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