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22 April 2016
Issue: 7695 / Categories: Features , Civil way , Procedure & practice
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Civil way: 22 April 2016

Forgiveness is rationed; HMRC: Licence to plunder; Knives out for solicitors’ agents; & Family Rules OK!

HARD TIMES FOR DEFAULTERS

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Here’s a quote for you to relish and pull out at the least possible provocation. It is a quality quote because it fell from the lips of Vos LJ. “The court cannot ignore that insurers are professional litigants who can properly be held responsible for any blatant disregard of their own commercial interests.” It fell in the personal injury case of Gentry v Miller and another [2016] EWCA Civ 141, [2016] All ER (D) 107 (Mar) where the Court of Appeal reminded that the Denton test on sanction relief also applied to an application to set aside a default judgment. It additionally suggested that the very same test would apply to a CPR 39.3 application to set aside after a failure to attend.

In Gentry an assessment of damages at £75,000 with costs at £13,000 had followed a default judgment with neither the defendant driving tortfeaser nor his insurers participating. The insurers had previously made a low value protocol portal admission (the value became

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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