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Law digests: 7 & 14 April 2023

07 April 2023
Issue: 8020 / Categories: Case law , In Court , Law digest
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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

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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