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08 April 2020 / Stephen Gold
Issue: 7882 / Categories: Features , Civil way , Covid-19 , Procedure & practice
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Civil way – Covid-19

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Contact conundrums & insolvent administration

That virus

What’s going on For all court and tribunal developments, there’s an invaluable daily update from HMCTS from which you can link to judicial guidance at https://bit.ly/3aT246b. Richard Susskind has set up a remote hearing website at www.remotecourts.org.

Light Relief The Vice-President of the Court of Appeal’s Criminal Division (CACD) has provided guidance on hearings of the CACD during the period while there are variations in the way appeals and applications are conducted. The presiding judges of the individual constitutions will make decisions that are best suited for the circumstances but the default position when advocates are linking remotely is that they need not rise when the court assembles and, where linking remotely from home, chambers or an office, the backdrop should be neutral and appropriate, if this is possible (and no children making silly faces, please). And the Judicial College has suspended face to face training until the 30 June 2020.

Sign of the Time

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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