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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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