header-logo header-logo

25 July 2019
Issue: 7850 / Categories: Features , Procedure & practice , Civil way
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll