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28 July 2023
Issue: 8035 / Categories: Legal News , Civil way , Procedure & practice , CPR
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NLJ this week: Gold reports on difficulties in court & the case that missed

Lack of personnel is creating havoc in court. In this week’s NLJ, former district judge Stephen Gold writes on ‘the mess’ in family courts where ‘frequent and widespread difficulties’ are arising due to a shortage of qualified legal representatives to cross-examine vulnerable witnesses.

The shortage is leading to an extraordinary and contradictory predicament where judges may have to ask the questions themselves ‘notwithstanding the guidance that the court should not itself conduct the cross-examination’.

Following this theme, Gold’s 'Civil way' column reports on the lack of compliant bids received for duty solicitors in housing possession cases.

He covers a highly relevant case that missed the deadline for inclusion in the Senior Courts Costs Office guide, and discusses consumer protection following the recent Supreme Court judgment on the Quincecare duty where a customer was tricked by fraudsters.

For pure Gold, see here.

MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

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

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
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
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
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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