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11 May 2018
Issue: 7792 / Categories: Features , Civil way , Procedure & practice
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Civil way: 11 May 2018

  • New Insolvency PD in force.

  • CPR PD changes.

  • Court of Appeal’s latest instalment.

COUNTY COURT SHOCK

The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) came into force on 6 April 2017 (see 'Civil way', NLJ 10 March 2017). But no new PD. In appreciation of the urgent need to issue one, it was published around one year later and came into force on the same day, to wit 25 April 2018. It reflects the 2016 rules and recently decided cases, changes to the CPR (particularly in relation to the Business and Property Courts PD) and specifies the revised arrangements for the distribution of insolvency business across the different judicial levels.

Here’s the Big One (para 3.7). Apart from uncontested or contested statutory demand applications, unopposed creditors’ winding up petitions and unopposed bankruptcy petitions (now labelled as ‘local business’), County Court hearing centres not located at a District Registry have been robbed of insolvency jurisdiction. They are required to transfer to a County Court with insolvency jurisdiction which is located at a District Registry on the same circuit to deal

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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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