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Civil way: 28 February 2020

26 February 2020 / Stephen Gold
Issue: 7876 / Categories: Features , Procedure & practice , Civil way
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CPR: latest dose; Rolls up for a party!

Time for an update

As threatened and if you can bear it, we bring you the latest CPR update which, for the numerate, is the 113th and completely whiplashless. All 113 amendments featured will come into force on 6 April 2020. Oh, and we throw in updates 114 and 115. The latter is devoted to the PD 51 video hearing pilot and in force on 2 March 2020.

Pleading credit Following consultation, post-accident vehicle hirers are put in their place with those credit hire list cloggers specially in mind. Amendments to PD 16, which might just lead to earlier settlements, tell them what is to go into their particulars of claim or counterclaim. For all hirers, there must be pleaded—and that includes relevant facts—the need for hire at the start and end of the hire period, what was the start and end of the period and its reasonableness, the hire rate and its reasonableness. And, for the credit hirers,

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
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
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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