Category: service

Service of documents – post and deemed service – Nearly Legal

Posted January 20th, 2025 in appeals, housing, interpretation, landlord & tenant, news, notification, postal service, service by tracey

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

Much ado about timescales – planning challenges – Local Government Lawyer

Posted November 12th, 2024 in areas of outstanding natural beauty, housing, news, planning, service, time limits by tracey

‘A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.’

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Local Government Lawyer, 9th November 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Claim against law firm thrown out over LiP’s service failure – Legal Futures

Posted September 3rd, 2024 in electronic filing, law firms, litigants in person, negligence, news, service by tracey

‘The High Court did not “receive” a claim form that was not properly e-filed by a litigant in person (LiP) wanting to sue her former solicitors, the Court of Appeal has ruled.’

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Legal Futures, 2nd September 2024

Source: www.legalfutures.co.uk

New methods of service a boon to landowners seeking interim injunctions against persons unknown – Gatehouse Chambers

Posted July 31st, 2024 in chambers articles, injunctions, news, service, telecommunications by sally

‘A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown.’

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Gatehouse Chambers, 15th July 2024

Source: gatehouselaw.co.uk

Judge refuses adjournment in claim against Leigh Day over Shell pollution settlement – Law Society’s Gazette

Posted July 16th, 2024 in adjournment, law firms, news, notification, oil wells, pollution, service by tracey

‘A High Court judge has refused to adjourn the three-day trial in a claim where Leigh Day is accused of making unauthorised disbursements from a settlement fund in a £55 million case. The Nigerian claimants argued they had not been given formal notice of the trial date.’

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Law Society's Gazette, 15th July 2024

Source: www.lawgazette.co.uk

Failure to serve – Local Government Lawyer

Posted June 18th, 2024 in enforcement notices, magistrates, news, service by tracey

‘A recent High Court case illustrates the breadth of the points which can be raised before the Magistrates if the defendant is not served with an enforcement notice, writes Roderick Morton.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

Service of prescribed documents – deemed or actual? – Nearly Legal

Posted May 7th, 2024 in documents, landlord & tenant, news, repossession, service, statutory interpretation by tracey

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

Companies required to make ‘lawful purpose’ declarations – Law Society’s Gazette

Posted March 5th, 2024 in company law, news, service, trade names by tracey

‘New powers for Companies House to query information and to require companies to give legitimate addresses come in to force under the Economic Crime and Corporate Transparency Act 2023 today. The new regime, aimed at curbing misues of the companies register, will also for the first time require people setting up companies to state that the business’ activities will be lawful.’

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Law Society's Gazette, 4th March 2024

Source: www.lawgazette.co.uk

NFTs ruling shows courts ahead of legislators on question of crypto property law – OUT-LAW.com

Posted February 7th, 2023 in constructive trusts, cryptocurrencies, fraud, news, service by sally

‘A recent ruling by the High Court in London highlights the willingness of the UK courts to apply pragmatic thinking to novel questions of law as it applies to digital assets, an expert has said.’

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OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

Posted October 28th, 2022 in arbitration, contracts, foreign jurisdictions, international law, jurisdiction, news, service, service out of jurisdiction by tracey

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog

Posted September 15th, 2022 in news, notification, party walls, service by tracey

‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’

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Practical Law: Construction Blog, 14th September 2022

Source: constructionblog.practicallaw.com

Claim against law firm lost by court still thrown out for late service – Legal Futures

Posted August 8th, 2022 in law firms, negligence, news, service, time limits by tracey

‘The High Court has upheld a decision to throw out a negligence claim against a law firm because it was served too late – even though the court had actually lost the claim.’

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Legal Futures, 8th August 2022

Source: www.legalfutures.co.uk

High Court permits service by NFT in ‘English legal first’ – Law Society’s Gazette

Posted July 13th, 2022 in cryptocurrencies, fraud, misrepresentation, news, service by tracey

‘An Italian engineer trying to recover around £2m of stolen cryptocurrency has been given permission to serve High Court proceedings via a non-fungible token (NFT) on the blockchain, in what his lawyers have said is an English legal first.’

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Law Society's Gazette, 13th July 2022

Source: www.lawgazette.co.uk

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted April 29th, 2022 in divorce, families, family courts, forgery, married persons, news, service, setting aside by tracey

‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’

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Family Law, 28th April 2022

Source: www.familylaw.co.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

Posted March 25th, 2022 in appeals, coronavirus, government departments, judicial review, news, public procurement, service, threatening to destroy or damage property, time limits by tracey

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

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Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

TikTok: lawyers ‘unwisely’ waited until last minute – Law Society’s Gazette

Posted March 10th, 2022 in brexit, children, internet, misuse of private information, news, privacy, service, service out of jurisdiction, time limits by tracey

‘The High Court has dealt a blow to the claimant in a high-profile privacy claim against social media platform TikTok after refusing an extension of time for service.
In SMO (A Child) v Tiktok Inc & Ors Mr Justice Nicklin said that the “inescapable reality” of why the claimant needed an extension was that she had waited until the last minute to meet key deadlines.’

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Law Society's Gazette, 9th March 2022

Source: www.lawgazette.co.uk

Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette

Posted October 8th, 2021 in civil procedure rules, documents, news, service, solicitors, time limits by tracey

‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

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Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

Case Comment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 26th, 2021 in accountants, agency, estoppel, news, notification, service, taxation by sally

‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’

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UKSC Blog, 25th August 2021

Source: ukscblog.com