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08 December 2017 / Stephen Gold
Issue: 7773 / Categories: Features , Civil way
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Civil way: 8 December 2017

CPR PD 52 arrives; Demanding abroad; Video review; Counsel clashes.

RAGBAG

Phew! CPR PD 92 finally came into force on 20 November 2017 which means that the Business and Property Courts no longer have to make up how they operate (see ‘Civil Way’, NLJ 10 November 2017, p 16). There’s a PD 93 too just to compensate for the wait which came into force the next day. I’ll save that for after Christmas. But here’s an alert: new accelerated possession claim forms were brought in on 1 December 2017 with the N5B split into N5B England and N5B Wales and new defence forms for each.

Family Catch Up Reprise You are hereby deemed to have read about Participation Directions (see ‘Civil way’, NLJ 24 November 2017, p 13). PD 36AA has come up to expectations. It does provide for a ground rule hearing where a family court has concluded that a vulnerable party or witness or protected party should give evidence. At it, consideration must be given to directing that any questions

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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