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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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