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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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