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Practice

12 September 2013
Issue: 7575 / Categories: Case law , Procedure & practice
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Carr v Penman [2013] EWHC 2679 (QB), [2013] All ER (D) 18 (Sep)

It was settled law that when a court was considering whether service out of the jurisdiction either should be permitted or should have been permitted, the focus of the inquiry was whether the court should assume jurisdiction over the dispute. The court had to be satisfied that:

(i) there was a serious issue to be tried;

(ii) there was a good arguable case;

(iii) the court had jurisdiction to hear it; and

(iv) England was clearly the appropriate forum.

Further, in determining whether there had been a real and substantial tort committed in the jurisdiction, in order to deal with cases justly, proportionately and to maintain a proper balance between the right to freedom of expression and the protection of other rights, the court was required to stop as an abuse of process defamation proceedings which served no legitimate purpose. The test had been expressed in a number of different ways, namely, whether ‘the game is worth the candle’ or whether there was any prospect

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MOVERS & SHAKERS

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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