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Civil way: 13 June 2025

Wording of a deadline; a new type of law firm; the route to an intermediary; small claim: big loss.

ONE DAY OUT

An order which requires an act to be done should set out the specific deadline date for compliance. That’s CPR PD 40B, para 8.2. In Leadingway Consultants Ltd v Saab and another [2025] EWCA Civ 582, however, the unless order in question used the less precise formula of the number of days from the date of the order for the second defendant to make a required application. His solicitors made an innocent day-counting mistake (which in the circumstances I would probably have done too) and filed the application one day late. Result? Debarred from making the application and defending the claim. Relief from those sanctions was granted below. What seems to have weighed heavily with the Court of Appeal in upholding that decision was the PD non-compliance, as it took time out to remind that well-intentioned incompetence should not usually attract relief from sanction.

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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