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Civil way: 30 June 2023

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30 June 2023 / Stephen Gold
Issue: 8031 / Categories: Features , Procedure & practice , Civil way
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Third-class service; Scissors special; Site owners fazed; Up the PI damages; New employment law; Snoozing with the FPRs

AT THE COUNTY COURT

Advocate: If it pleases, judge, may I direct your attention to the problems with Royal Mail postal deliveries at ‘Civil way’, NLJ, 3 February 2023, p16 and how that impacts on what the CPR says about deemed service?

Judge: I would rather not. This court only looks at the usual law reports on Supreme Court decisions.

Advocate: So be it, but if I might trespass on…

Judge: Eternity?

Advocate: No, the next 20 cases in your morning list. I submit that under CPR 6.3 on service of the claim form within the jurisdiction, Royal Mail can no longer be regarded as a service that provides for first-class postal delivery on the next business day. For this purpose, I submit that implies it must achieve it. There has been widely reported anecdotal evidence in the media of the most hideous delays in postal deliveries and of parcels

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The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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