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25 July 2019
Issue: 7850 / Categories: Features , Procedure & practice , Civil way
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Civil way: 26 July 2019

Mum’s the word; fare to Norwich: who pays; back pockets redundant; 109th CPR update; fee feast for fleas.

 

KEEPING SCHTUM

It’s alright. It’s relatively safe not to alert the claimant to their ineffective service of the claim from and wait for its expiry. That was the majority decision of the Supreme Court in Barton v Wright Hassall LLP [2018] UKSC 12 on which we reported in NLJ 13 April 2018, p15 and dipped into a subsequent case in which Master Bowles was against the mute solicitors. That subsequent case has just reached the Court of Appeal as Woodward and another v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 in which it was held that the facts of Barton were all but indistinguishable from those in Woodward. The claim form expired on 19 and the claim became time barred from 20 October 2017. Collyer Bristow LLP first-class posted the claim form to the defendant’s solicitors Mills & Reeve LLP on 17 October 2017 and emailed it to them on the same day. But the defendant’s solicitors were not authorised to accept service

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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