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

All is fair in love and law: Is there a duty to inform the opposing party of its mistakes? – No. 5 Chambers

Posted July 3rd, 2019 in civil procedure rules, limitations, mistake, news, service, solicitors by sally

‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’

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No. 5 Chambers, 20th June 2019

Source: www.no5.com

Disapplying the CPR’s Deemed Service Rules – Littleton Chambers

Posted July 3rd, 2019 in civil procedure rules, news, service by sally

‘The CPR contain a number of provisions concerning when a document is deemed to have been served. One of these, introduced by amendment in 2011, is CPR 6.14.’

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Littleton Chambers, 25th June 2019

Source: www.littletonchambers.com

Wealthy divorcee sues lover by serving legal papers on him using WhatsApp – Daily Telegraph

Posted June 27th, 2019 in choice of forum, internet, news, service, service out of jurisdiction by sally

‘A divorcee already worth £90 million has won the right to fight to sue her former lover in the UK over tens of millions of assets after serving court papers on him via WhatsApp.’

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Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

High Court brings clarity over ‘contracting out’ of leases in statutory declarations – OUT-LAW.com

‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’

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OUT-LAW.com, 24th June 2019

Source: www.pinsentmasons.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

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Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Supreme Court: No right to sue untraced driver – Litigation Futures

‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’

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Litigation Futures, 20th February 2019

Source: www.litigationfutures.com