‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’
Litigation Futures, 23rd August 2018
Source: www.litigationfutures.com
‘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.’
Local Government Lawyer, 8th May 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
OUT-LAW.com, 3rd May 2018
Source: www.out-law.com
‘On 21 February 2018 judgment was given in the case of Barton -v- Wright Hassall LLP [2018] UKSC 12.’
Zenith Chambers, 26th February 2018
Source: www.zenithchambers.co.uk
‘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.’
Zenith Chambers, 5th March 2018
Source: www.zenithchambers.co.uk
‘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.’
Practical Law: Construction Blog, 14th March 2018
‘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.’
Litigation Futures, 21st February 2018
Source: www.litigationfutures.com
‘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.’
Family Law, 22nd February 2018
Source: www.familylaw.co.uk
‘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.’
Law Society's Gazette, 21st February 2018
Source: www.lawgazette.co.uk
‘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.’
Practical Law: Construction Blog, 9th January 2018
‘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.’
Hardwicke Chambers, 1st December 2017
Source: www.hardwicke.co.uk
‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’
Law Society's Gazette, 21st November 2017
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 10th October 2017
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 29th September 2017
Source: www.litigationfutures.com
‘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.’
Law Society's Gazette, 13th September 2017
Source: www.lawgazette.co.uk
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
‘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.’
Tanfield Chambers, 1st June 2017
Source: www.tanfieldchambers.co.uk
‘In 5 conjoined appeals the Court of Appeal considered whether there had been a failure to comply with the statutory procedural provisions and the consequences thereof.’
Tanfield Chambers, 27th March 2017
Source: www.tanfieldchambers.co.uk
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