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The times they are a-changin’

11 July 2013 / Jennie Gillies , Ed Lewis
Issue: 7568 / Categories: Features , Procedure & practice
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Non-compliant litigators will get short shrift, say Ed Lewis & Jennie Gillies

If one asked any lawyer practising in England and Wales whether parties to litigation were required to comply with the Civil Procedural Rules (CPR), the answer would be an emphatic “yes”; after all, the CPR derive from statutory instrument (the CPR 1998 SI 1998 No. 3132) and the various additional statutory instruments which have been enacted since.

Furthermore, the need for parties to comply with rules, practice directions and orders is not a new concept. It has always been at the core of the CPR (and those which they replaced) and such compliance is a fundamental part of the interests of the administration of justice as reiterated by Arden LJ in Stolzenberg v CIBC Mellon Trust Co Limited [2004] EWCA Civ 827, [2004] All ER (D) 363 (Jun): “Compliance with orders of the court is not a question of judicial amour propre. It goes to the essence of the rule of law that parties subject to the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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