Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

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Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Stay of proceedings before serving a claim form – 4 New Square

Posted November 2nd, 2018 in limitations, news, service, stay of proceedings, time limits by sally

‘Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants.’

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4 New Square, 23rd October 2018

Source: www.4newsquare.com

Ten Top Tips for Service of Proceedings – 4 New Square

Posted November 2nd, 2018 in news, retrospectivity, service, time limits by sally

‘Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips for avoiding the pitfalls and ascertaining whether your opponent has fallen into one.’

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4 New Square, 24th October 2018

Source: www.4newsquare.com

Service Can Be A Right Hassle – 4 New Square

Posted November 2nd, 2018 in electronic mail, news, service, solicitors by sally

‘Mr Barton attempted to serve proceedings at the very end of the period of the validity of his claim form, which Lord Sumption described as courting disaster. Mr Barton tried to serve it by email but that was invalid because Berrymans Lace Mawer LLP, the solicitors acting for the defendant, had not agreed to accept service of the proceedings by email. By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’

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4 New Square, 24th October 2018

Source: www.4newsquare.com

Supreme Court to hear dispute over service of completion notice in rates case – Local Government Lawyer

Posted October 30th, 2018 in appeals, documents, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 29th October 2018

Source: www.localgovernmentlawyer.co.uk

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

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