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05 January 2012
Issue: 7495 / Categories: Case law , Law digest , In Court
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Practice & procedure

Abela and others v Baardarani [2011] EWCA Civ 1571, [2011] All ER (D) 171 (Dec)

CPR 6.37(5)(b)(i) authorised the court to make an order for alternative service pursuant to CPR 6.15(1) and also to make such an order with retrospective effect pursuant to CPR 6.15(2). Nevertheless, the exercise of that power had to be exercised cautiously and was to be regarded as exceptional. Therefore, it would usually be inappropriate to validate retrospectively a form of service which was not authorised by an order of an English judge when it was effected and was not good service by local law.

The fact that CPR 6.40(4) expressly stated that nothing in any court order could authorise or require any person to do anything contrary to the law of the country in which the document was to be served did not mean that it could be appropriate to validate a form of service which, while not itself contrary to the local law in the sense of being illegal, was nevertheless not valid by that law.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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