Kaye v Lawrence [2010] EWHC 2678 (TCC), [2010] All ER (D) 264 (Oct)
As an appeal under s 10(17) of the Party Walls Act 1996 was a creature of statute, the High Court could not ignore the fact that the county court was the appropriate court. However jurisdiction could be found under s 5(3) of the County Courts Act 1984, which provided that “every judge of the High Court... shall by virtue of his office be capable of sitting as a judge for any county court district in England and Wales”.
Aktas v Adepta, Dixie v British Polythene Industries plc [2010] EWCA Civ 1170, [2010] All ER (D) 223 (Oct)
There was nothing in the established law to the effect that failure to serve a claim form in time for the purposes of CPR 7.6 was an abuse of process, or tantamount to one. For a matter to be an abuse of process, something more than a single negligent oversight in timely service was required. The CPR was strict and would be strictly applied. Negligence of a solicitor was no excuse and nor was it a
