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06 August 2021
Issue: 7944 / Categories: Features , Procedure & practice , Civil way
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Civil way: 6 August 2021

Possession: the impossible dream?; CPR 133rd update; Port alerts get Mostyn boost; Contact activity drafting; Official Solicitor guides

A SESSION ON POSSESSION

No bailiff or High Court enforcement agent may now execute a warrant or writ of possession without prior service of a notice of enforcement in form N54 not less than 14 days before the evil day although there is an exception in the case of trespassers ab initio. That’s not just temporary coronavirus manna. It’s here to stay and its CPR 83.8A. But the rule was mute on whether a fresh notice was required when the eviction appointment was lost through suspension of the warrant or writ. The Civil Procedure (Amendment no 4) Rules 2021 (SI 2021/855) fill the lacuna as from tomorrow 7 August 2021 (when we expect most enforcers to be snoozing away like innocent babies). When full execution has not taken place on the date specified in the original notice, a further notice is to be delivered to the premises not less than seven days before the next attempt. As with the original notice, the court will

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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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