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Civil way: 6 May 2022

06 May 2022 / Stephen Gold
Issue: 7977 / Categories: Features , Procedure & practice , Civil way
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Damages to eyesight; PI 6.56% uplift; Onward online for divorce; Wasted exclusion clause

ELECTROMANIA

More risk to your eyesight as legal representatives are mandated to issue online for damages only claims in the county court—and not just for personal injury—as from 4 April 2022 under CPR PD 51ZB. LiPs can wipe the smile off their faces: HMCTS will be after them eventually. A 14-day grace period, extended to 28 days, for practitioners who had respect for their health and issued on paper has expired. Ignoring the PD now will lead to paperwork being bounced back unissued where the sin is spotted or proceedings struck out when a procedural judge, awaiting an ophthalmic appointment for stronger lenses, picks up on non-compliance.

There could be a way out. Throwing in a prayer for an injunction to restrain the defendant from inflicting any further loss on the claimant would be both ingenious and hazardous. Expressly excluded, among others, are claims not conducted in English (which could catch quite a lot of statements of case

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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