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31 January 2014 / Martin Dray
Issue: 7592 / Categories: Features , Property
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The lay of the land

What does the year have in store for property law asks Martin Dray

“There are known knowns; there are things we know that we know. There are known unknowns; that is to say, there are things that we now know we don't know. But there are also unknown unknowns—there are things we do not know we don't know.”

So said Donald Rumsfeld about weapons of mass destruction in 2002. Property law may be less controversial but for the large part it is no easier to predict. What will make the headlines in 2014? Here are some clues.

Known knowns

Here one is on the surest footing.

One 6 April will see the abolition of distress for rent. Effectively confined to commercial property for years now, a remedy favoured by landlords as a cheap and effective means of recovering rent arrears will be swept away when Pt 3 of the Tribunals, Courts and Enforcement Act 2007—a long time in the gestation— is brought into force along with the Taking Control of Goods Regulations 2013 (SI 2013/1894). Its replacement is the snappily-entitled “commercial rent

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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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