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14 July 2023 / Stephen Gold
Issue: 8033 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 14 July 2023

Service without a seal; reducing tax penalties; no jokes: the Glancing blow; coughing impecuniosity; actuarial bunfight; chancery talk.

LOOK NO SEAL

For £10,000, you would have thought the fees office at the Royal Courts of Justice would stick the court seal on the claims form, wouldn’t you? An unsealed claims form is about as good as a teabag without a cup. The Court of Appeal did not put it exactly like that in the second-tier appeal in Walton v Pickerings Solicitors and another [2023] EWCA Civ 602. What they did say was that on issue of proceedings, the court must seal the claim form (CPR 2.6(1)(a)) to indicate that it has been issued, so that until sealing there has been no issue and the proceedings have not been started. The claimant’s copies of his claim form, which were handed back to him in return for his cheque, were unsealed but, nevertheless, he served them. When in due course he got copies from the court—there were some changes from the first

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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