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28 April 2021 / Stephen Gold
Issue: 7930 / Categories: Features , Procedure & practice , Civil way
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Civil way—30 April 2021

Witness sick: ADJOURN; party pregnant: ADJOURN; pre-pack protection; just a fiver to get into court; experts needed on EU Directive.

DON’T FORGET THE WITNESSES

Successfully appealing a trial adjournment refusal is about as hard as it gets. But it worked in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2021] EWCA Civ 221 which is deserving of a welding to your Green Book and laptop screen. The issue on appeal was whether a five-week Business & Property Courts trial should be adjourned a fortnight before commencement on account of the medical condition of one of the appellant defendant’s witnesses. In going over, the trial would not come on until early or mid-2022, by which time there were excellent prospects for the witness to be able to attend. There were allegations of dishonesty against the witness. She wanted a judge to hear her. A factual finding adverse to her was likely to have a very significant impact on her future career, if not destroy it completely.

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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