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Civil way: 14 February 2020

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12 February 2020 / Stephen Gold
Issue: 7874 / Categories: Features , Procedure & practice , Civil way
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CPRing

We welcome the Civil Procedure (Amendment) Rules 2020 (SI 2020/82) which come into force on 30 March 2020 although we must wait until 6 April 2020 for the most exciting change, on entry of a default judgment, to get going. Next time, the 113th CPR update.

On your marks An acknowledgment of service or defence will bar the entry of judgment in default of them having been filed, notwithstanding that they have been filed out of time. That’s the effect of changes to CPR 12.3 which adopt the interpretation favoured in Cunico Resources NV and others v Daskalakis and another and another case [2018] EWHC 3382 (Comm) (see (‘Civil Way’ 169 NLJ 7827, p14)) and avoid any further wine bar brawls on the subject. Cunico was followed by Master McCloud in Smith v Berrymans [2019] EWHC 1904 (QB) who leapfrogged and the challenge is set for a Court of Appeal outing later in the year. The moral for claimants now is quite clear: organise a ping the second

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NEWS
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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
NLJ this week: Comparators—how close is close enough?
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
NLJ this week: Domicile—more than where you live
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
NLJ this week: Police, contempt and the rule of law
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
NLJ this week: Arbitration’s fast lane—with guardrails
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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