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07 February 2019
Issue: 7827 / Categories: Features , Procedure & practice , Civil way
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Civil way: 8 February 2019

Beating the tardy defendant; new workers’ rights; Forced Backdate (not Backstop); success fees deaded

LATE AoS OR DEFENCE?

An acknowledgment of service filed late but before judgment in default has been requested or applied for is a bar to that judgment being entered. That’s the position if Andrew Baker J got it right in Cunico Resources NV and others v Daskalakis and another and another case [2018] EWHC 3382 (Comm). He there held that, following a late acknowledgment, the claimants were not entitled to a default judgment pursuant to a subsequent application (on notice and not by way of request, because the claimants were contending for service out of the jurisdiction—see CPR 12.10). I suggest that the position would be the same in respect of a late defence followed by a request for judgment in default.

The judge followed Unilever plc v Pak Supermarket [2016] EWHC 3846 (IPEC) but declined to follow McDonald & McDonald v D&F Contracts Ltd [2018] EWHC 1600 (TCC) although he had some doubt as to whether the latter

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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