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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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