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15 December 2023 / Stephen Gold
Issue: 8053 / Categories: Features , Procedure & practice , Civil way
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Civil way: 15 December 2023

Family electronics; Latest CPR update; Cyclist potholed; Beating Pt 23 imperfections

LAWBITES

CPR theft OK When it comes to disclosure of electronic documents, the FPR at r21.2 are silent. The comparable CPR 31.17 is more detailed and aided and abetted by PD31B which expressly covers electronic documents (and see also CPR 31.5(9) and 31.22(4)). The FPR are to be improved to extend to disclosure of mobile phone records and other electronic jobs, but this will take time. For now, the Family Division’s President has issued a note drawing attention to the CPR provisions and the well-established principle that when there is a gap in the FPR, recourse may be had where appropriate to the CPR. The note suggests that the CPR will provide assistance to the court in family proceedings on considering making electronic disclosure orders.

Pencils out fast Planning fees in England were up on 6 December 2023 (SI 2023/1197) by 35% for major applications (residential development of at least ten dwellings etc) and 25% for all other applications and an annual inflation indexation of these fees is imposed

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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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