Brief Tapes

In this special episode for International Women's Day 2021, New Square Chambers #choosetochallenge by celebrating women's achievements at the Bar, and exploring the issues which continue to face female barristers. Together with Laura Webster and Michelle Greene, Jessica Powers discusses female trailblazers, and issues such as gendered language, retention and fair allocation of work.

James Saunders and Jessica Powers recap the basics of serving civil proceedings, including how, when and where to serve claims. They also consider trickier issues, such as how limitation impacts on the service of proceedings, the consequences of discontinuing claims before service, and what happens if either the claimant or defendant are not in existence at the time of service.

Should the Court stay civil proceedings where there are concurrent criminal proceedings? How do POCA 2002 restraint orders affect insolvency proceedings? James Saunders and Jessica Powers consider these questions and more, as they take a look at how criminal proceedings can impede and influence civil proceedings.

On the one hand, the pandemic has resulted in an increase in personal and corporate debt, but, on the other, the Government has imposed a number of restrictions on enforcement of debts. James Saunders and Jessica Powers explore the most viable methods of enforcement, and discuss the forthcoming Debt Respite Scheme (Breathing Space).

What is a DBA, and should it be a fee arrangement that you consider entering into? Chris Snell (who appeared for the successful Respondent) and James Saunders discuss the recent Court of Appeal decision in Zuberi v Lexlaw Limited. That judgment represents a significant boost to the appeal of DBAs, but there are some questions which remain unanswered.

Despite a plethora of highly prescriptive rules in the CPR and detailed Practice Directions, there continue to be a host of reported judgments where parties have got witness statements hopelessly wrong. James Saunders and Jessica Powers review the existing rules, and the forthcoming changes to trial witness evidence in the Business and Property Courts, and offer guidance on how to get it right.

New Square Chambers introduces their new podcast series.

The deal is done and the UK has left the EU, but where does that leave cross-border insolvency? Jessica Powers and James Davies discuss the legislative position, and the recent Insolvency Service guidance. If you were wondering how to realise a bulk load of Scandi jumpers in an abandoned warehouse in Denmark owned by an insolvent English company, you've come to the right place.