Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

David Beckham swerves speeding prosecution thanks to loophole – The Independent

Posted September 28th, 2018 in news, prosecutions, road traffic offences, service by tracey

‘David Beckham will not be prosecuted over a speeding charge after the celebrity lawyer dubbed “Mr Loophole” successfully fought the allegation on a technicality.’

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The Independent, 28th September 2018

Source: www.independent.co.uk

High Court: No duty on solicitors to alert other side to errors – Litigation Futures

Posted August 23rd, 2018 in civil procedure rules, disclosure, law firms, news, service, solicitors by sally

‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’

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Litigation Futures, 23rd August 2018

Source: www.litigationfutures.com

Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer

Posted May 9th, 2018 in informations, news, service by tracey

‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’

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Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Latitude for litigants in person? Apparently not (just about…) – Zenith Chambers

‘On 21 February 2018 judgment was given in the case of Barton -v- Wright Hassall LLP [2018] UKSC 12.’

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Zenith Chambers, 26th February 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

Posted March 15th, 2018 in boundaries, civil procedure rules, electronic mail, news, service, surveyors by tracey

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Supreme Court: No dispensation for LiPs in complying with rules and orders – Litigation Futures

‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’

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Litigation Futures, 21st February 2018

Source: www.litigationfutures.com

Supreme Court: no indulgence for litigants in person – Family Law

‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’

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Family Law, 22nd February 2018

Source: www.familylaw.co.uk

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

Dangers of using email to serve arbitration (or adjudication) notices – Practical Law: Construction Blog

Posted January 12th, 2018 in arbitration, electronic mail, news, service, setting aside by tracey

‘This week I’m discussing Glencore Agriculture BV v Conqueror Holdings Ltd, which is a case arising out of a voyage charterparty for the transportation of corn from the Ukraine to Egypt.’

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Practical Law: Construction Blog, 9th January 2018

Source: constructionblog.practicallaw.com

Arbitration notices: are you being served? – Hardwicke Chambers

Posted December 8th, 2017 in arbitration, electronic mail, news, notification, service by sally

‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’

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Hardwicke Chambers, 1st December 2017

Source: www.hardwicke.co.uk

Court throws out arbitration award over email error – Law Society’s Gazette

Posted November 22nd, 2017 in arbitration, documents, electronic mail, news, service, setting aside by sally

‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

High Court denies claimants relief from sanctions after “serious and substantial default” – Litigation Futures

Posted October 10th, 2017 in claims management, delay, news, sanctions, service by sally

‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’

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Litigation Futures, 10th October 2017

Source: www.litigationfutures.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Deadline day dispute after claimant serves in final moments – Law Society’s Gazette

Posted September 13th, 2017 in civil procedure rules, documents, news, service, time limits by tracey

‘The High Court has made yet another attempt to clarify rules around service of claim after a dispute over deadlines in a personal injury case.’

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Law Society's Gazette, 13th September 2017

Source: www.lawgazette.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – Tanfield Chambers

‘The Upper Tribunal reversed decisions from the First Tier Tribunal in respect of the validity of estimated service demands, the requirements to prove the service of a notice under section 20B in light of the incorporation of section 196 of the Law of Property Act 1925 in the lease, and whether a tenant had waived the Landlord’s non-compliance with service charge mechanism of the lease by conduct.’

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Tanfield Chambers, 1st June 2017

Source: www.tanfieldchambers.co.uk