header-logo header-logo

Civil way: 3 October 2008

02 October 2008
Issue: 7339 / Categories: Features , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll