header-logo header-logo

19 November 2009 / Stephen Gold
Issue: 7394 / Categories: Case law , Civil way
printer mail-detail

Civil way: 20 November 2009

Swear certificates, the court fee feeling, whoops, chequemate, long live rejection.

Swear certificates

Only barristers who hold a current practising certificate will be entitled to administer oaths as from 1 January 2010 (Legal Services Act 2007 sch 5).

That court fee feeling

Tomlin order. The defendant applies to restore with a view to enforcing scheduled terms and directions are given on the application for a contested hearing. Listing and hearing fees are payable under the Civil Proceedings Fees Order 2008 SI 2008/1053 (which does not define “claimant” and “defendant” and provides that the claimant pays these fees unless case proceeding on counterclaim only).

Which party is liable for them? That was the poser in Penfold v Fuller [2009] EWHC 1195 (Ch), [2009] All ER (D) 312 (Oct). The defendant was liable as the party making the substantive claim then proceeding and not the party who may historically have been the party that issued the claim form.

Whoops

A legislation howler has been put right by the Child Support (Miscellaneous Amendments) (No

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll