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Civil way: 10 February 2017

10 February 2017
Issue: 7733 / Categories: Features , Civil way , Procedure & practice
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More paper for non-moles; destroying a buffet; & Court of Appeal fix

PG FOR NON-MOLES

The President’s 13 October 2014 practice guidance on the duration of ex parte orders but with non-molestation orders being its focus has been replaced by more workable guidance issued by him on 18 January 2017 (see www.judiciary.gov.uk ) which practitioners should heed when drafting. Gone is the idea that the expiration of the ex parte order should coincide with the return date (say six hours apart) because this potentially exposed the non-molestation applicant to harm if the respondent failed to appear on the return date and could not be served with the new order or acquainted with its terms before expiry of the ex parte. Also ditched is the suggestion that the respondent be directed to notify the court within a specified period whether they intended to turn up to oppose the continuation of the order and that, in default, the court might deal with the return hearing on paper.

So now:

  • The ex parte must have a fixed
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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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