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Civil way: 8 February 2019

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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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