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Civil way: 12 October 2012

12 October 2012
Issue: 7533 / Categories: Features , Civil way , Procedure & practice
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Some criminal advocates only change their speeches to the jury and some family legal aid counsel can only afford to change their shirts once a year

CPR LOVE IN

Some criminal advocates only change their speeches to the jury and some family legal aid counsel can only afford to change their shirts once a year. With the Civil Procedure Rules 1988 you get at least two annual changes which are reactive to the tiniest revision in legislation. Even the odd piece of punctuation may be improved upon. The 59th CPR update got going on 1 October 2012. It takes in the Civil Procedure (Amendment No 2) Rules 2012 (SI 2012/2208) and with certain new rules the oh so carefully considered use of the word “will” instead of “must” occurs because the rules committee believes that imposing a notional duty on the court to perform its individual non-discretionary functions with a “must” is, in general, unnecessary and, arguably, misleading. So the updates are caring and we will soon set about devising some big celebration

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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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