The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

‘Signed For 1st Class’ service is first-class post, CA rules – Litigation Futures

Posted November 23rd, 2020 in appeals, civil procedure rules, documents, news, postal service, service, solicitors by sally

‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Death and Notices – Nearly Legal

Posted November 12th, 2020 in landlord & tenant, news, notification, postal service, service, succession by tracey

‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’

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Nearly Legal, 8th November 2020

Source: nearlylegal.co.uk

Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers

Posted November 10th, 2020 in delay, news, personal injuries, postal service, sanctions, service by sally

‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’

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Ropewalk Chambers, 5th November 2020

Source: www.ropewalk.co.uk

Court of Appeal considers service of notices on deceased tenants – Garden Court Chambers

Posted November 10th, 2020 in landlord & tenant, news, notification, postal service, service, succession by sally

‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’

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Garden Court Chambers, 22nd October 2020

Source: www.gardencourtchambers.co.uk

Keep part 36 offers simple by using form, judge urges – Litigation Futures

Posted September 30th, 2020 in civil procedure rules, interpretation, judges, news, part 36 offers, service, time limits by sally

‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’

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Litigation Futures, 28th September 2020

Source: www.litigationfutures.com

Possession claims – More new things and yet more to come – Nearly Legal

‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’

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Nearly Legal, 15th September 2020

Source: nearlylegal.co.uk

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

Council persuades High Court judge to quash judgment in default in data breach claim after papers posted to empty office during lockdown – Local Government Lawyer

Posted July 2nd, 2020 in coronavirus, default judgments, news, postal service, service by tracey

‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor “should not have served claim by post” after lockdown – Litigation Futures

‘A solicitor who served proceedings on a council by post two days after lockdown had gone into effect showed “poor judgement”, a High Court judge has ruled.’

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Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

What are likely to be barriers in being able to effect valid service? – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, international law, news, service by sally

‘It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private International Law in 1965 (“the Convention”).’

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Hardwicke Chambers, 7th April 2020

Source: hardwicke.co.uk

Email blocked by tribunal’s firewall not validly served – Litigation Futures

Posted March 12th, 2020 in appeals, electronic filing, electronic mail, news, service by tracey

‘An email blocked by a firewall at the First-tier Tribunal (FTT) did not constitute valid service of an appeal, a judge has ruled.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building

Posted February 6th, 2020 in compensation, compulsory purchase, news, railways, service by sally

‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’

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Francis Taylor Building, 30th January 2020

Source: www.ftbchambers.co.uk

Out-of-hours Administration Appointments: The SAGA continues – Guildhall Chambers

Posted December 10th, 2019 in administrators, insolvency, news, notification, service by sally

‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’

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Guildhall Chambers, 2nd December 2019

Source: www.guildhallchambers.co.uk

Westlake Estates v Yinusa [2019] UKUT 225 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, news, service, service charges by sally

‘For the purposes of Section 47 of the 1987 Act, where only one address is contained in the invoice, this is sufficient. Where more than one address is given, the landlord’s address should be clearly identified.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Service of a Claim Form – What Mediums Can I Use? – Becket Chambers

Posted November 20th, 2019 in electronic filing, electronic mail, news, service, telecommunications by sally

‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’

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Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers

Posted November 19th, 2019 in evidence, news, personal injuries, service, time limits by sally

‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’

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Park Square Barristers, 19th November 2019

Source: www.parksquarebarristers.co.uk

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions – 4 New Square

Posted October 29th, 2019 in EC law, enforcement, guarantees, insolvency, Ireland, news, notification, service by sally

‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’

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4 New Square, 28th October 2019

Source: www.4newsquare.com

Narrow escape for defendants who failed to notice particulars of claim – Litigation Futures

‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’

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Litigation Futures, 12th September 2019

Source: www.litigationfutures.com