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01 March 2024 / Stephen Gold
Issue: 8061 / Categories: Features , Procedure & practice , Civil way , Litigants in person
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Civil way: 1 March 2024

Havin' the Latin; Dr Gold's CPR prescription

IGNORANTIA JURIS NON EXCUSAT

The litigants in person (LiPs) in Greenwood and another v Pringle [2024] EWHC 84 (Ch) do not appear to have got much procedurally right. But as Judge Paul Matthews pointed out, being a LiP is not a good reason for breach of a procedural order (see Barton v Wright Hassall [2018] UKSC 12 and post-Sumption, Mainline Pipelines Ltd v Phillips and another [2023] EWHC 2146 (Ch)); nor are living abroad or being elderly or impoverished.

The LiPs here were seeking, among other things, to overturn an order setting aside their statutory demand with a £4,680 costs order against them. Out of two directions given of which they were in breach, one of them (the likes of which have been known to cause even seasoned litigants to spit tacks) was for the filing of a transcript of the judgment below. They contended it was not necessary and the transcript was too expensive (they having asked for one of the full hearing and not just the judgment). The upshot of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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