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Civil way: 26 July 2019

25 July 2019
Issue: 7850 / Categories: Features , Procedure & practice , Civil way
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Mum’s the word; fare to Norwich: who pays; back pockets redundant; 109th CPR update; fee feast for fleas.

 

KEEPING SCHTUM

It’s alright. It’s relatively safe not to alert the claimant to their ineffective service of the claim from and wait for its expiry. That was the majority decision of the Supreme Court in Barton v Wright Hassall LLP [2018] UKSC 12 on which we reported in NLJ 13 April 2018, p15 and dipped into a subsequent case in which Master Bowles was against the mute solicitors. That subsequent case has just reached the Court of Appeal as Woodward and another v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 in which it was held that the facts of Barton were all but indistinguishable from those in Woodward. The claim form expired on 19 and the claim became time barred from 20 October 2017. Collyer Bristow LLP first-class posted the claim form to the defendant’s solicitors Mills & Reeve LLP on 17 October 2017 and emailed it to them on the same

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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