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Civil way: 4 September 2020

02 September 2020 / Stephen Gold
Issue: 7900 / Categories: Features , Procedure & practice , Civil way
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Possession stay by a majority; Possession notices upped to six months; Contempt smartened up; Revising your budget

Back to sleep—just

How could they? We got you all excited last time over the imminent expiry of the possession stay and then, three days before lift-off, the Lord Chancellor directs the rule committee to make rules to extend the stay further until 20 September 2020 (see ‘Civil way’, NLJ 14 August 2020). The committee met the next day, considered the ‘extremely unusual nature and timing’ of the direction, as the Master of the Rolls has put it, and—by a majority!—concluded that it was bound to follow the direction. The extension has been cursed—I mean, blessed—by the Civil Procedure (Amendment No 5) (Coronavirus) Rules 2020 (SI 2020/889) and CPR PD 55C has been consequentially amended (124th update). There has been no interference with the lifting of the stay on enforcement of writs and warrants of control on 23 August 2020. The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations

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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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