header-logo header-logo

07 February 2019
Issue: 7827 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll