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Get your fax right

23 March 2007 / Andrew Butler
Issue: 7265 / Categories: Features , Legal services , Profession
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CPR Pt 6 is fraught with technical difficulties. Andrew Butler reports on recent developments

In Hart Investments Ltd v Fidler and another [2006] EWHC 2857 (TCC), [2006] All ER (D) 232 (Nov) Judge Coulson QC was confronted with an application by the second defendant, the liquidator of a company called Larchpark Ltd, to set aside a judgment in default of acknowledgement of service. The application gave rise to a number of questions of practice and procedure relating to the question of service of process.

The central question before the judge was whether or not the time for filing the acknowledgment had expired when the judgment was entered. This depended on whether service by fax had been valid, and if it had not, what the deemed date was of service by post.

Service by fax

The question of whether service by fax was valid in turn depended on whether the defendant had given a ‘sufficient written indication’ of its willingness to accept service in that way, within the meaning of para 3.1 of

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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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