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10 November 2021 / Stephen Gold
Issue: 7956 / Categories: Features , Procedure & practice , Civil way
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Civil way: 12 November 2021

Seconds out over statements; B&PC disclosure lite; Landlords at the double; Insolvency PD; Land Registry fees up

WITNESS STATEMENT PUNCH-UP

Factual witness statements in the Business and Property Courts (B&PC) are purgatory. Those aggrieved are giving serious consideration to the protest blockage of all accessways to the RCJ with copies of the Green Book and downloads of PD 57A and its statement of best practice glued to the ground.

Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC) ought to discourage satellite litigation on compliance disputes. In this case, the three-day shorter trial building dispute was due to kick off on 18 October 2021. Four days earlier Mrs Justice O’Farrell and the rest of the cast were occupied for a one-day battle over compliance cross-applications which ended with some redactions here and some redactions there and an indication that costs should be in the case. Here’s the meat.

‘Give us a break’ Where non-compliance is alleged, the parties should attempt to reach an agreement. If not possible, an application should be made for a determination

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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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