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04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
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Practice

American Leisure Group Ltd v Garrard and others [2014] EWHC 2101 (Ch), [2014] All ER (D) 218 (Jun)

CPR 7.5(2) was not concerned with, and did not permit, service of a claim form within the jurisdiction. The scheme of CPR 7.5 was clear. CPR 7.5(1) was concerned with the service of a claim form within the jurisdiction and CPR 7.5(2) was concerned with its service out of the jurisdiction. That was made clear, not only by the words in CPR 7.5(2), but also by the opening words of CPR 7.5(1). The effect of CPR 7.5 was that a claim form was valid for service within the jurisdiction for four months after the date of its issue or, if it was to be served out of the jurisdiction, for six months after the date of issue. 

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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