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Civil way: 6 October 2023

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06 October 2023 / Stephen Gold
Issue: 8043 / Categories: Features , Procedure & practice , Civil way
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Updates on CPR updates; Online with court funds; Service charge insurance attacks

THE NOT FRC CORNER

Let’s not forget that there is much more to life than fixed recoverable costs. Well, a little more. The Civil Procedure (Amendment No 3) Rules 2023 (SI 2023/788) and CPR PD update 158 introduced on 1 October 2023 an abundance of other stuff which has nothing to do with costs but which might be perceived by the cynical as a lot about nothing. There’s gender neutralising, clarifying, rearranging, simplifying and tinkering. In short, making sure that your practice books become hopelessly out of date. In fact, upon studying CPR 22.1 and PD22 para 1.2 you might be momentarily fooled, like me, into excitement at the removal of a response to an order to provide further information in compliance with an order, from the list of documents that must be verified by a statement of truth. Alas, the reference to the response has gone because its is covered by the inclusion of statement of case.

Showing contempt

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NEWS
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NLJ this week: Alarm bells over Mazur
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
NLJ this week: Jury trial & a constitutional illusion
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
NLJ this week: The rise—and risks—of going private
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
NLJ this week: Human rights disputes push courts to redefine their role
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
NLJ this week: Debarment orders—shortcut or minefield?
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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