header-logo header-logo

28 September 2017 / Stephen Gold
Issue: 7763 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 29 September 2017

CPR updated 92nd time, new PD on child abuse, QOCS skirmish

The latest CPR changes hit us on 1 October 2017 as the Civil Procedure (Amendment No 2) Rules 2017 (SI 2017/889) come into force presented as the 92nd update and two Practice Directions (PDs) to complement are awaited.

Division 2 There may be cases which require the brains and intellect of a judge from two or more divisions of the High Court such as those involving matrimonial property where family and chancery might have—and have had—different ideas. In that situation, CPR 3.1 is amended to explicitly allow something which has been regarded as implicitly permissible, namely a case management direction that a hearing may proceed before a Divisional Court comprising judges who may come from different divisions and they can then have a public punch up which is likely to be an all ticket affair.

Roll up Just in case a pedant suggests that a 2016 amendment to CPR 52 may have done away with the court’s power to roll up an application for permission to appeal with the substantive appeal where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll