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Civil way: 26 November 2020

25 November 2010 / Stephen Gold
Issue: 7443 / Categories: Features , Civil way , Procedure & practice
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Double your judge; LANDLORD PROTECTION; WHAT A PRIVILEGE! Open the file; KEEP OUT

Double your judge

The Civil Procedure (Amendment No 3) Rules 2010 (SI 2010/2577) which came into force on 20 October 2010 (the day after they were made so they didn’t hang about) make it clear beyond doubt that judicial reviews can be taken by two judges in the Divisional Court—useful for the more difficult and important cases. The Senior Courts Act 1981, s 19(3) provides that any jurisdiction of the High Court is only to be exercised by a single judge except where rules of court required it to be exercised by the Divisional Court which must consist of at least two judges. Alas, it appears that since 2000 there have been no rules of court explicitly providing for appropriate directions. This accounts for why, once the desirability of clarification came to light, judicial duos on judicial reviews temporarily disappeared.

LANDLORD PROTECTION

The tenancy deposit scheme under the Housing Act 2004 ss 212-215 is drained of all effect

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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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