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23 March 2007 / Andrew Butler
Issue: 7265 / Categories: Features , Legal services , Profession
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Get your fax right

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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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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