header-logo header-logo

Civil procedure

27 June 2014
Issue: 7612 / Categories: Case law , Law digest , In Court
printer mail-detail

Newland Shipping and Forwarding Ltd v Toba Trading Fzc and others [2014] EWHC 1986 (Comm), [2014] All ER (D) 162 (Jun)

The failure to acknowledge service in accordance with CPR 10.3 was to be regarded as a non-compliance with the rules, giving rise to the sanction of a possible default judgment. CPR 13.3, by its express reference to the court’s power to impose conditions, invited the court to take account of the possibility that a conditional order might be appropriate. The conditions which might be appropriate might vary widely from case to case, although one obvious possibility was to require the defendant to provide security for some or all of the claimant’s claim. That would often be appropriate, particularly in a case where the defendant’s merits were thin, where a judgment might be difficult to enforce, or where there was some reason to suppose that the defendant had failed to comply with his obligations in the past, for example by failing to pay his solicitors’ fees. As the possibility that conditions might be attached to any order

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll