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5.12.23
Claim fails following failure to serve at proper address
In Jagger (& others) v. Axa Insurance plc the Court rejected the Claimant’s argument that service on the Defendant company’s former registered office address was good service and also refused the Claimant’s application an order that service was “good” or for an extension of time for service, which resulted in the claim failing. What are…
Read more21.07.23
Part 36 Offers: when tactics fail
When contemplating, and, during the course of, litigation parties are actively encouraged to settle their dispute without the matter proceeding to trial. Whilst parties can choose to make an offer to settle in any manner they wish, Part 36 of the Civil Procedure Rules has been designed to encourage parties to attempt to resolve matters…
Read more19.11.21
Service on directors of UK companies: a practical alternative to the Civil Procedure Rules
In Key Homes Bradford Ltd and others v Patel [2014] EWHC B1 (Ch), the High Court considered the validity of service of a claim form on the director of a UK company, pointing to a practical alternative for service found in the Companies Act 2006 (‘the Act’). In the decision, Master Marsh concluded that section…
Read more20.08.19
New rules for media and communications claims
From 1 October 2019 new rules – in the form of a revised Part 53 of the Civil Procedure Rules, revised/new practice directions (PD 7A, 53A and 53B) and an all encompassing pre-action protocol – will apply to claims in England and Wales arising from media and communications disputes. The formal designation of a specialist…
Read more7.08.13
High Court refuses to strike out libel claim arising from mailshot
In the case of (1) Mama Group Ltd (2) Lovebox Festivals Ltd v (1) Daniel sinclair (2) Alexandra Joseph [2013] EWHC 2374, the applicants request for a libel claim to be stuck out as an ‘abuse of process’ was refused. The applicants had been attending the Lovebox music festival held in Victoria Park, London organised by…
Read more7.05.13
McAlpine v Bercow to be listed for preliminary hearing on meaning of tweet
In McAlpine v Bercow [2013] EWHC 981 (QB) Mr Justice Tugendhat granted an application by the Claimant Lord McAlpine for a preliminary hearing to be held to determine the meaning of the Defendant sally Bercow’s tweet of 4 December 2012 – ‘Why is Lord McAlpine trending? *Innocent face*’. The tweet was sent two days after the BBC’s Newsnight broadcast a…
Read more2.04.13
Changes to Civil Procedure Rules come into force
On 1 April 2013 the first wave of Jackson reforms was implemented into law. The reforms will amend various parts of the Civil Procedure Rules 1998 (CPR) and will also change the way that the courts address the costs of litigation. Much has been written about the proportionality of costs and success fees and ‘after…
Read more22.10.12
Supreme Court confirms courts have power to strike out dishonest claims after judgment
In Fairclough Homes Ltd v summers [2012] UKsC 26 The supreme Court overturned a line of authorities and held that a claim could be struck out after trial or even after an assessment of damages if it subsequently transpired that it was dishonest. surveillance evidence came to light after trial to show that the Claimant had grossly exaggerated the extent of…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
