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Civil way: 17 May 2024

Countdown to Hague 19; The cheeky FM5; More small mediators; Credit hirer caned

HAGUE AGAIN

We signed up to the Hague 19 convention on the recognition and enforcement of foreign judgments last January. You can find a pic on the internet of Lord Bellamy putting pen to paper in the presence of some very important people, and you will see two cups and saucers on the table but no biscuits. Presumably the consumption of drinks has been disclosed to someone.

I am sorry to dampen your excitement with the news that we cannot use Hague 19 quite yet. It has to be ratified (when it will be extended to Scotland and Northern Ireland) and will not come into force until 12 months later, when it will apply to judgments given in proceedings started thereafter. Ratification must await implementation of necessary legislation. Parts of it for England and Wales are the Civil Procedure (Amendment) Rules 2024 (SI 2024/595), which have just been laid and complement what will become the Recognition and Enforcement of Judgments (2019 Hague Convention etc) Regulations 2024,

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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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