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

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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

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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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