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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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