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04 June 2020 / Stephen Gold
Issue: 7889 / Categories: Features , Procedure & practice , Civil way
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Civil way: 5 June 2020

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Covid bites

 

Frozen upstairs The possession freezing CPR PD51Z as amended (see ‘Civil way’, NLJ 24 April 2020, p20; 8 May 2020, p24 and 22 May 2020, p17) catches appeals from possession orders that were extant when the stay came into effect, except to the Supreme Court which makes its own rules (hands up who has one). The Court of Appeal so held last week in London Borough of Hackney v Okoro [2020] EWCA Civ 681. Trespass orders may continue to be cursed. The Court of Appeal found it unnecessary to consider why the PD stayed enforcement as well as proceedings for possession.

Don’t bother The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (SI 2020/515), in force on 8 June 2020 with a life of one year, are the biggest disappointment of the decade. They introduce two standard fees for immigration (non-asylum) and asylum appeals which are dealt with online, as will now generally be the mandatory position.

 

 

 

Mann alive

 

There

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NLJ this week: Surrogacy children caught in succession gap
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’
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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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
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
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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
NLJ this week: Finality trumps freedom in arbitration showdown
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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