‘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.’
Local Government Lawyer, 11th September 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
UKSC Blog, 25th August 2021
Source: ukscblog.com
‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’
Nearly Legal, 8th July 2021
Source: nearlylegal.co.uk
‘High-profile legal campaigners have been dealt a blow in their latest challenge to the government – after correctly serving the right papers a day too late.’
Law Society's Gazette, 5th July 2021
Source: www.lawgazette.co.uk
‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’
Litigation Futures, 21st April 2021
Source: www.litigationfutures.com
‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’
Local Government Lawyer, 1st April 2021
Source: www.localgovernmentlawyer.co.uk
‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’
Pump Court Chambers, 8th January 2021
Source: www.pumpcourtchambers.com
‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’
Law Society's Gazette, 17th December 2020
Source: www.lawgazette.co.uk
‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’
Park Square Barristers, 13th November 2020
Source: www.parksquarebarristers.co.uk
‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’
Littleton Chambers, 11th November 2020
Source: littletonchambers.com
‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’
Litigation Futures, 23rd November 2020
Source: www.litigationfutures.com
‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’
Nearly Legal, 8th November 2020
Source: nearlylegal.co.uk
‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’
Ropewalk Chambers, 5th November 2020
Source: www.ropewalk.co.uk
‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’
Garden Court Chambers, 22nd October 2020
Source: www.gardencourtchambers.co.uk
‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’
Litigation Futures, 28th September 2020
Source: www.litigationfutures.com
‘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.’
Nearly Legal, 15th September 2020
Source: nearlylegal.co.uk
‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’
Family Law Week, 27th July 2020
Source: www.familylawweek.co.uk
‘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.’
Local Government Lawyer, 2nd July 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
Litigation Futures, 29th June 2020
Source: www.litigationfutures.com
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