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Civil procedure

27 June 2014
Issue: 7612 / Categories: Case law , Law digest , In Court
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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

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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