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25 November 2010 / Stephen Gold
Issue: 7443 / Categories: Features , Civil way , Procedure & practice
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Civil way: 26 November 2020

Double your judge; LANDLORD PROTECTION; WHAT A PRIVILEGE! Open the file; KEEP OUT

Double your judge

The Civil Procedure (Amendment No 3) Rules 2010 (SI 2010/2577) which came into force on 20 October 2010 (the day after they were made so they didn’t hang about) make it clear beyond doubt that judicial reviews can be taken by two judges in the Divisional Court—useful for the more difficult and important cases. The Senior Courts Act 1981, s 19(3) provides that any jurisdiction of the High Court is only to be exercised by a single judge except where rules of court required it to be exercised by the Divisional Court which must consist of at least two judges. Alas, it appears that since 2000 there have been no rules of court explicitly providing for appropriate directions. This accounts for why, once the desirability of clarification came to light, judicial duos on judicial reviews temporarily disappeared.

LANDLORD PROTECTION

The tenancy deposit scheme under the Housing Act 2004 ss 212-215 is drained of all effect by reducing the remedy for non-compliance to near impotence and

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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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