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11 May 2018
Issue: 7792 / Categories: Features , Civil way , Procedure & practice
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Civil way: 11 May 2018

  • New Insolvency PD in force.

  • CPR PD changes.

  • Court of Appeal’s latest instalment.

COUNTY COURT SHOCK

The Insolvency (England and Wales) Rules 2016 (SI 2016/1024) came into force on 6 April 2017 (see 'Civil way', NLJ 10 March 2017). But no new PD. In appreciation of the urgent need to issue one, it was published around one year later and came into force on the same day, to wit 25 April 2018. It reflects the 2016 rules and recently decided cases, changes to the CPR (particularly in relation to the Business and Property Courts PD) and specifies the revised arrangements for the distribution of insolvency business across the different judicial levels.

Here’s the Big One (para 3.7). Apart from uncontested or contested statutory demand applications, unopposed creditors’ winding up petitions and unopposed bankruptcy petitions (now labelled as ‘local business’), County Court hearing centres not located at a District Registry have been robbed of insolvency jurisdiction. They are required to transfer to a County Court with insolvency jurisdiction which is located

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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
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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