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23 July 2021 / Stephen Gold
Issue: 7942 / Categories: Features , Procedure & practice , Civil way
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Civil way_23 July 2021

‘Do you have a conscience today?’; Judgment for defenceless defendant; Pleading service charges; Flight delay reg; Pre-hearing entertainment; Cafcass okay(ish)

LOOK, NO BIBLE

Your next remote CVP (cloud video platform) may be a bit different if civil, family and tribunal judges and the occasional magistrate, along with staff, follow the new script which has been issued to them. A possible smack across the mouse for failure to introduce; reminders to be in a quiet and private area, mobiles and other distractors to be off, hearing being recorded, no personal recording or publication, serious nature of importance of hearing not changed by video conduct; enquiry as to whether everyone can hear clearly; chat function to be used to notify any technical issues; everyone playing to state name and role (should bring out the worse in non-mol respondents); place yourself on mute when not speaking; and avoid talking over another party (but, curiously, not another party’s lawyer). But as Melanie might observe ‘Look what they’ve done to my oath, ma.’

Witnesses to be giving sworn evidence will (or will they?) be told ‘Do you

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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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