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27 June 2014
Issue: 7612 / Categories: Case law , Law digest , In Court
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Civil procedure

Newland Shipping and Forwarding Ltd v Toba Trading Fzc and others [2014] EWHC 1986 (Comm), [2014] All ER (D) 162 (Jun)

The failure to acknowledge service in accordance with CPR 10.3 was to be regarded as a non-compliance with the rules, giving rise to the sanction of a possible default judgment. CPR 13.3, by its express reference to the court’s power to impose conditions, invited the court to take account of the possibility that a conditional order might be appropriate. The conditions which might be appropriate might vary widely from case to case, although one obvious possibility was to require the defendant to provide security for some or all of the claimant’s claim. That would often be appropriate, particularly in a case where the defendant’s merits were thin, where a judgment might be difficult to enforce, or where there was some reason to suppose that the defendant had failed to comply with his obligations in the past, for example by failing to pay his solicitors’ fees. As the possibility that conditions might be attached to any order setting aside a judgment, pursuant to CPR 13.3, was expressly

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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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