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07 April 2023
Issue: 8020 / Categories: Case law , In Court , Law digest
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Law digests: 7 & 14 April 2023

Appeal

Owen v Black Horse Ltd [2023] EWCA Civ 325, [2023] All ER (D) 69 (Mar)

The Court of Appeal, Civil Division, allowed the appellant’s appeal which raised a question of what the phrase ‘if a claimant does not attend the hearing’ means in the Civil Procedure Rules (CPR). The ground of appeal was that the judge was wrong to find that the appellant did not attend the trial for the purposes of CPR 27.9(2)(a) when, although he was not present, his legal representative was. The court therefore had no power to strike out the claim. There were four strands in the appellant’s argument: (i) he relied on the natural meaning of the words in their context; (ii) he argued that the words should have been construed consistently with CPR 39.3(1)(b); (iii) he suggested that a purposive interpretation supported his case; and (iv) CPR 27.11 did not lead to a different conclusion. The court held that a party ‘attends’ trial if they are legally represented at the hearing. A party

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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