The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.
CPR 6.3(2) provides that when serving a company with a claim form, the claim form may be served by:
any method permitted under Part 6, which includes personal service, post, DX, fax or other electronic means, or
any of the methods of service permitted under the Companies Act 2006 (CA 2006)
In Key Homes Bradford v Patel, a case considering service of a claim form, Master Marsh held that the provisions in CPR 6 and CA 2006, s 1140 provide parallel regimes for the purposes of effecting good service. He found that CA 2006, s 1140 applies whatever the purpose of the document is, irrespective of whether the service is in relation to the director’s office or in connection with the related company. For an insight into the issues considered in Key Homes Bradford, see News Analysis: The CPR and Companies Act 2006 provide parallel regimes to effect good service (Key Homes Bradford v Patel).
CPR 6.7 provides that where a defendant or a solicitor has given written notice to the claimant that the defendant’s solicitor is instructed to accept service the claim form must be
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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