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11 April 2019
Issue: 7836 / Categories: Case law , In Court , Judicial line
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Judicial line: 11 April 2019

This week: unlock the interlock—fast; who posts the claim form; costs only interim cash; divorce costs assessments

Final judgment wins

Q Can an interlocutory order be set aside on application after a final judgment which of itself may not be attackable where a set aside would render the final judgment unsustainable?

A No. An application which had this effect would be an abuse of the court’s process as a collateral attack on a final judgment (see, eg, Daniel Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422). If an interlocutory order was made without a hearing and close to trial with a CPR 23.10 right to an affected party to apply to set aside or vary within seven days (although such orders are being increasingly made allowing up to six weeks to apply) then it might be that the trial could not proceed until the application had been determined.

‘They’re at the postbox right now’

Q Is it acceptable for the certificate of service of a claim form which has

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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