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06 August 2021
Issue: 7944 / Categories: Features , Procedure & practice , Civil way
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Civil way: 6 August 2021

Possession: the impossible dream?; CPR 133rd update; Port alerts get Mostyn boost; Contact activity drafting; Official Solicitor guides

A SESSION ON POSSESSION

No bailiff or High Court enforcement agent may now execute a warrant or writ of possession without prior service of a notice of enforcement in form N54 not less than 14 days before the evil day although there is an exception in the case of trespassers ab initio. That’s not just temporary coronavirus manna. It’s here to stay and its CPR 83.8A. But the rule was mute on whether a fresh notice was required when the eviction appointment was lost through suspension of the warrant or writ. The Civil Procedure (Amendment no 4) Rules 2021 (SI 2021/855) fill the lacuna as from tomorrow 7 August 2021 (when we expect most enforcers to be snoozing away like innocent babies). When full execution has not taken place on the date specified in the original notice, a further notice is to be delivered to the premises not less than seven days before the

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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