This week: unlock the interlock—fast; who posts the claim form; costs only interim cash; divorce costs assessments
Final judgment wins
Q Can an interlocutory order be set aside on application after a final judgment which of itself may not be attackable where a set aside would render the final judgment unsustainable?
A No. An application which had this effect would be an abuse of the court’s process as a collateral attack on a final judgment (see, eg, Daniel Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422). If an interlocutory order was made without a hearing and close to trial with a CPR 23.10 right to an affected party to apply to set aside or vary within seven days (although such orders are being increasingly made allowing up to six weeks to apply) then it might be that the trial could not proceed until the application had been determined.
‘They’re at the postbox right now’
Q Is it acceptable for the certificate of service of a claim form which has been purportedly served by post to be completed by the conducting
