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02 October 2008
Issue: 7339 / Categories: Features , Procedure & practice
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Civil way: 3 October 2008

Procedure & practice

Well served

Last week we left you hungry for more of the CPR 47th update changes which have since come into force on 1 October 2008 (see NLJ 26 September 2008, p 1333). We start where we finished—with service which, when it goes wrong, can finish the claim before it gets started. Rule references are to the Civil Procedure (Amendment) Rules 2008 (SI 2008/2178) or to CPR Pt 6 as substituted by them.
Gone but not forgotten

Postal service at the defendant's usual or last known residence or place of business may be good although the defendant has left it. When the default judgment catches up with them, they may seek to have it set aside. If the application is made promptly and they can establish a real prospect of successfully defending, the court is likely to accede to a set aside.

In Mersey Dock Property Holdings and others v Kilgour [2004] EWHC 1638 it was held that a claimant was required to take reasonable steps to ascertain the current place

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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