header-logo header-logo

Civil way: 6 May 2022

06 May 2022 / Stephen Gold
Issue: 7977 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll