The Practical Lawyer


Service – non-claim form

There are now new rules on fax and e-mail service of documents other than claim forms; transmission will be deemed to have taken place provided it is sent before 4.30pm on that business day (any later and it will have been sent on the next business day).

Subscribers only...

Service – personal service

By new Rule 6.5(3) a claim form is served personally on:

Subscribers only...

Service – new rules

The rules on service were radically overhauled on 1 October. The key points are:

Subscribers only...

Mediation – forced

Detailed dispute resolution procedures are a common feature of many commercial contracts (especially those in the IT and construction sectors). Typically, there will be clauses providing for an escalation process (ie meetings with representatives in increasing seniority); a mediation; and an agreement to arbitrate under specified rules, or to litigate in an agreed court.

Subscribers only...

Service – weekend

In Anderton [2002] the CA held that deemed service could take place on Saturdays and Sundays. Note that is no longer possible under the new rules introduced in October. A claim form can only be deemed to be served on a ‘business day’ (ie ‘any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day’).

Subscribers only...

Privilege – commercial clients

There are two main types of legal privilege: legal advice privilege, and litigation privilege.

Subscribers only...

Insurance – disclosure to claimant?

Insurers have long resisted any suggestion that defendants should be obliged to reveal the extent of their insurance cover to claimants. The argument, of course, is that this will undermine the insurers negotiating position (although we are not sure we really understand the logic of that argument).

Subscribers only...

Service – extension of time?

The new rules on service which came into force in October make no change to the principles on applying for extension of time for service of the claim form. The bottom line is that this is a very dangerous step for any claimant to take.

Subscribers only...

Rome II – applicable law

Rome II makes important changes to deciding what is the applicable lawwhen dealing with foreign claims. Rome II applies to all non-contractual claims arising out of tort.

Subscribers only...

Statement of truth – corporation

A statement of truth must be signed by a person on behalf of a company or other corporation. It can be signed by the legal representative, but otherwise it must be signed by someone holding a ‘senior position’ in the company or corporation.

Subscribers only...

Page 44 of 46

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


IAG International
In House Lawyer
Join the IBA now!
MSI Global Alliance