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Civil way: 22 April 2016

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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