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

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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