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22 April 2016
Issue: 7695 / Categories: Features , Civil way , Procedure & practice
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Civil way: 22 April 2016

Forgiveness is rationed; HMRC: Licence to plunder; Knives out for solicitors’ agents; & Family Rules OK!

HARD TIMES FOR DEFAULTERS

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Here’s a quote for you to relish and pull out at the least possible provocation. It is a quality quote because it fell from the lips of Vos LJ. “The court cannot ignore that insurers are professional litigants who can properly be held responsible for any blatant disregard of their own commercial interests.” It fell in the personal injury case of Gentry v Miller and another [2016] EWCA Civ 141, [2016] All ER (D) 107 (Mar) where the Court of Appeal reminded that the Denton test on sanction relief also applied to an application to set aside a default judgment. It additionally suggested that the very same test would apply to a CPR 39.3 application to set aside after a failure to attend.

In Gentry an assessment of damages at £75,000 with costs at £13,000 had followed a default judgment with neither the defendant driving tortfeaser nor his insurers participating. The insurers had previously

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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