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Civil way: 8 September 2023

08 September 2023 / Stephen Gold
Issue: 8039 / Categories: Features , Procedure & practice , Civil way , Costs
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Invest in Chalk; non-mol update; costs in a FIX; trade goes electronic; jabs for the incapacitated.

VERY SPECIAL

Out with the scissors. The Lord Chancellor, reacting to the latest Bank of England base rate rise of .25%, has hiked the Court Funds Office special account rate by a stonking 1.5%. As from 23 August 2023, the rate is now 6.00%. Those special losses are looking particularly attractive as they generally earn interest of one-half of the special account rate—except for trainees, as they smash their calculators against the wall in trying to work out how much to claim for the crash helmet which was battered three years ago. The base rate could be in for another overhaul on 21 September 2023.


THE MODERN NON-MOL

The Family Division president has replaced the non-molestation practice guidance issued on 18 January 2017 with fresh guidance, a nod to controlling or coercive behaviour, and what he describes as an example of a simplified ex parte order. This stops at the

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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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