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14 July 2023 / Stephen Gold
Issue: 8033 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 14 July 2023

Service without a seal; reducing tax penalties; no jokes: the Glancing blow; coughing impecuniosity; actuarial bunfight; chancery talk.

LOOK NO SEAL

For £10,000, you would have thought the fees office at the Royal Courts of Justice would stick the court seal on the claims form, wouldn’t you? An unsealed claims form is about as good as a teabag without a cup. The Court of Appeal did not put it exactly like that in the second-tier appeal in Walton v Pickerings Solicitors and another [2023] EWCA Civ 602. What they did say was that on issue of proceedings, the court must seal the claim form (CPR 2.6(1)(a)) to indicate that it has been issued, so that until sealing there has been no issue and the proceedings have not been started. The claimant’s copies of his claim form, which were handed back to him in return for his cheque, were unsealed but, nevertheless, he served them. When in due course he got copies from the court—there were some changes from the first iteration—with a seal dated with the day of his original

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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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