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Civil way: 31 March 2023

31 March 2023 / Stephen Gold
Issue: 8019 / Categories: Features , Procedure & practice , Civil way , CPR
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TRIUMVIRATE READY FOR ACTION

The district bench is fed up. My straw poll suggests that any perceived benefits to the punters of the switch to online procedures is felt to be substantially outweighed by the burden of the clerical duties which new procedures are dumping onto the judges and eating into available judging time. Grappling with systems, which many judges struggle to negotiate, was not the judicial life they signed up for. There are complaints of eye strain and migraines from over exposure to computer screens. Small wonder that word on the block is that new district judge appointments arising out of the latest competition and interviews this month and expected to be made as from July 2023 will be well under requirement.

And that is not all. There is a growing feeling that HMCTS has insufficient interest in the district judges’ feedback on technology. At best, it hears but largely ignores the judges on proposed changes. In his report to the troops for last week’s annual general meeting (AGM)

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MOVERS & SHAKERS

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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