header-logo header-logo

NLJ this week: Civil procedure—sharp elbows & sharper warnings

From fake authorities to rent reform, the civil courts have had a busy start to 2026. In his latest 'Civil way' column for NLJ this week, Stephen Gold surveys a procedural landscape where guidance, discretion and discipline are all under strain

Counsel may welcome the easing of signature requirements in the Court of Appeal, but patience is thin elsewhere: emails sent to the wrong address will be ignored, and replacement skeletons are now firmly on the radar.

The column’s sharpest sting is reserved for ‘making them up’—a spate of fake authorities, including one slipped in by a solicitor, prompting wasted costs and public censure. Generative AI looms large, with Bar Council ‘guidance’ that is helpfully labelled as not really guidance at all.

Elsewhere, Gold flags the coming ban on ‘rentzumping’, new tenant information duties with penalties of up to £7,000, and a reminder that fixed costs do not cover every procedural misadventure.

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll