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Civil way: 30 September 2022

30 September 2022 / Stephen Gold
Issue: 7996 / Categories: Features , Procedure & practice , Civil way , CPR , Arbitration
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Portal grab for defendants; Covid rent arbitration flop; Beware of glass cubes; MIAM rule book.

DOUBLE TAKE

Humble congratulations are offered to the Civil Procedure Rule Committee to mark the 150th CPR update. Clap your Green Books together. If and when you read it, you may think you are going mad. Fear not: your mental faculties are intact. The update comprises amended CPR PD 51ZB. Almost the spitting image of the amended PD which comprised the 145th update and was pulled the day before it was due to come into force (see ‘Civil way’, NLJ, 17 June 2022, p17). We are here talking about the damages claims portal and the condemnation of legal representatives to now use it to respond to those claims issued through it.

The latest amended PD applies to portal claims where the claimant has given the defendant prior notice on or after 15 September 2022 of their intention to use the portal to start their claim. The PD was published just an indecently short

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
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
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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