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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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