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04 November 2010
Issue: 7440 / Categories: Case law , Law digest
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Practice and procedure

Kaye v Lawrence [2010] EWHC 2678 (TCC), [2010] All ER (D) 264 (Oct)

As an appeal under s 10(17) of the Party Walls Act 1996 was a creature of statute, the High Court could not ignore the fact that the county court was the appropriate court. However jurisdiction could be found under s 5(3) of the County Courts Act 1984, which provided that “every judge of the High Court... shall by virtue of his office be capable of sitting as a judge for any county court district in England and Wales”.

Aktas v Adepta, Dixie v British Polythene Industries plc [2010] EWCA Civ 1170, [2010] All ER (D) 223 (Oct)

There was nothing in the established law to the effect that failure to serve a claim form in time for the purposes of CPR 7.6 was an abuse of process, or tantamount to one. For a matter to be an abuse of process, something more than a single negligent oversight in timely service was required. The CPR was strict and would be strictly applied. Negligence

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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
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
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
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