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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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