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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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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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