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13 April 2018 / Stephen Gold
Issue: 7788 / Categories: Features , Civil way , Procedure & practice
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Civil way: 13 April 2018

  • Ah ha, it’s Aarhus.
  • Stay or leave after a s21?
  • Dilemma for solicitors.

CAP TO FIT BETTER

To get through to the quarter-finals of the CPR Brainbox of the Year contest, define an Aarhus (it’s in Denmark) Convention Claim, without hesitation, deviation or repetition. It is an environmental judicial review or statutory appeal to which the convention applies and to which we are signed up and this was devised to see that the public has access to proceedings which challenge public authorities and that these proceedings are ‘not prohibitively expensive.’ Aarhus proceedings forced themselves into the first 2017 amendment CPR (see 'Civil wayNLJ 24 February 2018) as we had not done very well on the ‘not prohibitively expensive’ bit. Now these proceedings have forced themselves into the Civil Procedure (Amendment) Rules 2018 (SI/2018/239) comprised within the 95th update which came into force on 6 April 2018 and speak of nothing else. To blame is the aptly named Dove J for his judgment in RSPCB and others v Secretary of State for Justice and Lord Chancellor [2017]

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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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