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Civil way: 20 November 2009

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19 November 2009 / Stephen Gold
Issue: 7394 / Categories: Case law , Civil way
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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

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