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Judicial line: 11 April 2019

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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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