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03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
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Look, no notice

Notice of enforcement by an enforcement agent or bailiff under the Taking Control of Goods Regulations 2013 may be reduced by the court from seven clear days if satisfied it is likely that goods will otherwise be removed or disposed of. If reduced, what would be a suitable notice period? One minute? Indeed, what would be the purpose of any notice where that likelihood exists?

A court will need to be persuaded that the power to reduce the period of notice is necessary rather than merely convenient especially bearing in mind that the application will be without notice. In some cases, the evidence might well justify a reduction of the notice period to nil. In the absence of any rules of procedure to the contrary, the court’s discretion will include a power to attach conditions to the notice. For example, the reduction of the period of the notice to nil might be subject to a condition that the goods are to be secured under reg 16 or 17 but not removed for a fixed period

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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