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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—Samantha Evans

mfg Solicitors—Samantha Evans

mfg Solicitors strengthens Contentious Probate team with new appointment

Ocean Legal—Brodie Collar

Ocean Legal—Brodie Collar

Ocean Legal welcomes new associate Brodie Collar

Ward Hadaway—Helen Badger & Gemma Lynch

Ward Hadaway—Helen Badger & Gemma Lynch

Ward Hadaway expands healthcare employment team with two partners

NEWS
Motor finance and consumer credit claims can be brought as a collective action or ‘omnibus’ claim, the Court of Appeal has held, in a landmark decision
Involving children as young as ten years old in the criminal justice system is ineffective, punishes disadvantage and acts as a catalyst to increase the likelihood of future offending, barristers have warned
The Crown Court backlog stabilised at the end of March, reducing by 37 cases to 80,061—a slight fall on the previous quarter but a 5% rise on the same quarter last year
The Solicitors Regulation Authority (SRA) is taking former general counsel of the Post Office, Jane Elizabeth MacLeod, and another solicitor to the Solicitors Disciplinary Tribunal
Businesses are operating in an increasingly volatile environment due to technology, geopolitical and regulatory threats, according to Clyde & Co’s annual corporate risk radar survey
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