‘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.’
4 New Square, 23rd October 2018
Source: www.4newsquare.com
‘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.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
‘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.’
4 New Square, 24th October 2018
Source: www.4newsquare.com
‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’
Local Government Lawyer, 29th October 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Zenith PI, 22nd October 2018
Source: zenithpi.wordpress.com
‘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.’
Nearly Legal, 7th October 2018
Source: nearlylegal.co.uk
‘David Beckham will not be prosecuted over a speeding charge after the celebrity lawyer dubbed “Mr Loophole” successfully fought the allegation on a technicality.’
The Independent, 28th September 2018
Source: www.independent.co.uk
‘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
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