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06 May 2022 / Stephen Gold
Issue: 7977 / Categories: Features , Procedure & practice , Civil way
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Civil way: 6 May 2022

Damages to eyesight; PI 6.56% uplift; Onward online for divorce; Wasted exclusion clause

ELECTROMANIA

More risk to your eyesight as legal representatives are mandated to issue online for damages only claims in the county court—and not just for personal injury—as from 4 April 2022 under CPR PD 51ZB. LiPs can wipe the smile off their faces: HMCTS will be after them eventually. A 14-day grace period, extended to 28 days, for practitioners who had respect for their health and issued on paper has expired. Ignoring the PD now will lead to paperwork being bounced back unissued where the sin is spotted or proceedings struck out when a procedural judge, awaiting an ophthalmic appointment for stronger lenses, picks up on non-compliance.

There could be a way out. Throwing in a prayer for an injunction to restrain the defendant from inflicting any further loss on the claimant would be both ingenious and hazardous. Expressly excluded, among others, are claims not conducted in English (which could catch quite a lot of statements of case I have seen in my time); those under PD 27B

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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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