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.’

Full Story

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.’

Full Story

Litigation Futures, 20th February 2019

Source: www.litigationfutures.com

CA rules £1m security order to admit late statement was wrong – Litigation Futures

Posted February 18th, 2019 in adjournment, costs, news, service, time limits, witnesses by sally

‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 18th February 2019

Source: www.litigationfutures.com

Unlawful service of claim by unregulated person still valid – Legal Futures

Posted January 16th, 2019 in litigants in person, news, service by sally

‘It was wrong to punish a litigant in person who used an unregulated business to serve a claim, even though this was the unlawful conduct of litigation, the Court of Appeal has ruled.’

Full Story

Legal Futures, 16th January 2019

Source: www.legalfutures.co.uk

New Judgment: UKI (Kingsway) Ltd v Westminster City Council & Anor [2018] UKSC 67 – UKSC Blog

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.’

Full Story

UKSC Blog, 17th December 2018

Source: ukscblog.com

Council wins Supreme Court battle with ratepayer over service of completion notice – Local Government Lawyer

Posted December 18th, 2018 in electronic mail, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court has ruled in favour of Westminster City Council in a dispute over whether a completion notice in relation to a redevelopment was validly served on a ratepayer.’

Full Story

Local Government Lawyer, December 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week in case on rates and service of completion notice – Local Government Lawyer

Posted December 12th, 2018 in news, notification, rates, service, Supreme Court by sally

‘The Supreme Court will next week (17 December) hand down its ruling in a case on the service of a completion notice by a billing authority.’

Full Story

Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Zenith Chambers, 26th February 2018

Source: www.zenithchambers.co.uk