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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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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