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01 March 2024 / Stephen Gold
Issue: 8061 / Categories: Features , Procedure & practice , Civil way , Litigants in person
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Civil way: 1 March 2024

Havin' the Latin; Dr Gold's CPR prescription

IGNORANTIA JURIS NON EXCUSAT

The litigants in person (LiPs) in Greenwood and another v Pringle [2024] EWHC 84 (Ch) do not appear to have got much procedurally right. But as Judge Paul Matthews pointed out, being a LiP is not a good reason for breach of a procedural order (see Barton v Wright Hassall [2018] UKSC 12 and post-Sumption, Mainline Pipelines Ltd v Phillips and another [2023] EWHC 2146 (Ch)); nor are living abroad or being elderly or impoverished.

The LiPs here were seeking, among other things, to overturn an order setting aside their statutory demand with a £4,680 costs order against them. Out of two directions given of which they were in breach, one of them (the likes of which have been known to cause even seasoned litigants to spit tacks) was for the filing of a transcript of the judgment below. They contended it was not necessary and the transcript was too expensive (they having asked for one of the

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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