‘It is now more than 17 years since the Enterprise Act 2002 was enacted with the laudable aim of streamlining the administration procedure, resulting in the introduction of the out-of-court administration regime set out in Schedule B1 to the Insolvency Act 1986 (“the Act”).’
Guildhall Chambers, 2nd December 2019
Source: www.guildhallchambers.co.uk
‘For the purposes of Section 47 of the 1987 Act, where only one address is contained in the invoice, this is sufficient. Where more than one address is given, the landlord’s address should be clearly identified.’
Tanfield Chambers, 29th November 2019
Source: www.tanfieldchambers.co.uk
‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’
Becket Chambers, 14th November 2019
Source: becket-chambers.co.uk
‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’
Park Square Barristers, 19th November 2019
Source: www.parksquarebarristers.co.uk
‘Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm, in resisting claims by the bank on personal guarantees. The case raised a number of important points of European cross border insolvency law under the European Insolvency Regulation, and the English Court’s exercise of a foreign law judicial power.’
4 New Square, 28th October 2019
Source: www.4newsquare.com
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
‘The recent decision of the Court of Appeal in Woodward v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 provides an important clarification as to whether lawyers have a duty to inform the opposing party of their mistakes when conducting litigation.’
No. 5 Chambers, 20th June 2019
Source: www.no5.com
‘The CPR contain a number of provisions concerning when a document is deemed to have been served. One of these, introduced by amendment in 2011, is CPR 6.14.’
Littleton Chambers, 25th June 2019
Source: www.littletonchambers.com
‘A divorcee already worth £90 million has won the right to fight to sue her former lover in the UK over tens of millions of assets after serving court papers on him via WhatsApp.’
Daily Telegraph, 25th June 2019
Source: www.telegraph.co.uk
‘The English and Welsh High Court has clarified the wording to use in statutory declaration when “contracting out” of business lease legislation.’
OUT-LAW.com, 24th June 2019
Source: www.pinsentmasons.com
‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’
Zenith PI, 17th June 2019
Source: zenithpi.wordpress.com
‘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.’
OUT-LAW.com, 27th February 2019
Source: www.out-law.com
‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’
Litigation Futures, 20th February 2019
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
‘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.’
Legal Futures, 16th January 2019
Source: www.legalfutures.co.uk
‘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.’
UKSC Blog, 17th December 2018
Source: ukscblog.com
‘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.’
Local Government Lawyer, December 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 12th December 2018
Source: www.localgovernmentlawyer.co.uk
‘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).’
Litigation Futures, 7th December 2018
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 29th November 2018
Source: www.litigationfutures.com
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