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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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