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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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

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