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PRACTICE NOTES
This Tracker lists a number of decisions in which the courts have considered the interpretation of CPR provisions dealing with dispensing service of documents and whether they also apply when the defendant is out of the jurisdiction. The relevant CPR provisions are CPR 6.16 and CPR 6.28. Note, the service provisions in Part 6 underwent substantial change in 2008 and cases prior to that date are not included in this case tracker. The court will only dispense with the requirement to serve the claim form in exceptional circumstances and this will be dependent on the specific circumstances of the case. Order made to dispense with service The following judgments provide examples of the types of circumstances in which the court has exercised its power to dispense with service of documentst: Judgment citation and news analysis Facts Judgment Almeqham v Al-Sanea [2025] EWHC 322 (Ch) at para [146] One of the defendants was in prison in Saudi Arabia. The claimant sought to serve the defendant with court documents. The defendant refused to accept service. An
PRACTICE NOTES
This Practice Note considers how to make an application to dispense with service of documents, including the claim form. It should be read in conjunction with Practice Note: Dispensing with service of documents—principles which explains the relevant principles for dispensing with service. Making an application for an order dispensing with service of documents An application for an order dispensing with service of documents is an application for a court order—the basic procedure is therefore set out in CPR 23 and CPR PD 23A. Guidance on making a CPR-compliant application can be found in Practice Note: How to make an application for a court order (CPR 23). The following sections highlight particular aspects of the applications procedure which are specific to an application for an order dispensing with service of documents. What follows should be read as a supplement to, rather than a substitute for, the general guidance referred to above. Pre-application considerations For general guidance on pre-application considerations, see Practice Note: Pre-application considerations. When to make the application An application to dispense
PRACTICE NOTES
This Practice Note considers the provisions in Section II of Part 6 of the CPR dealing with the power of the court to dispense with the need to serve the claim form on a defendant. The court will only dispense with the service of the claim form in exceptional circumstances. A number of the authorities in this area predate 2008, the date when CPR 6.16, dealing with dispensing with service, imported the requirement for ‘exceptional circumstances’ from the authorities. Prior to this date the provisions for dispensing with service were found in rule 6.9 and older authorities will therefore refer to that rule. Other documents that may provide assistance when considering dispensing with service are: • Practice Note: Dispensing with service of documents—making an application. • Tracker: Dispensing with service of documents—illustrative decisions, for decisions illustrating the courts’ approach to applications to dispense with service • Practice Note: Civil contempt proceedings—application considerations, as when dispensing with personal service in a contempt application, the provisions in CPR 81, rather than those in CPR 6, will apply Power
GLOSSARY
The spread of a radioactive discharge in the environment.
NEWS
Private Client analysis: The Court of Protection dismissed Camden’s appeal against findings that BW lacked capacity to decide whether to consent to psychotropic medication and whether information about her care should be shared with her sister. The court held that the first instance judge had adequately identified BW’s inability to understand, use and weigh the reasonably foreseeable consequences of those decisions, including the potential loss of her supported placement. A judge may depart from expert evidence where material deficiencies in the assessment are properly identified, without any enhanced duty to give reasons merely because the presumption of capacity is displaced. Practitioners should ensure capacity assessments address serious, direct and reasonably foreseeable consequences of the particular decision. Produced in partnership with Sophie Caseley of Garden Court Chambers.
GLOSSARY
Documents which are required to be published on a website under Rule 26.1 (during an offer), Rule 26.2 (following the making of a firm offer announcement) and Rule 26.3 (following the publication of the offer document or offeree board circular, as appropriate). Each display document must continue to be made available on a website free of charge until the end of the offer (including any related competition reference period). The website to be used should normally be the party's own website; the Panel should be consulted if it proposes to use a different website.
PRACTICE NOTES
What is a display energy certificate (DEC)? DECs were introduced to raise public awareness of energy use and to inform visitors to public buildings about the energy use of a building. A DEC is an energy certificate that shows the operational energy rating of a public building, from A to G where A is very efficient and G is the least efficient. The operational rating is a numerical indicator of the actual annual carbon dioxide emissions from the building. DECs are based on the actual amount of metered energy used by the building over the last 12 months within the validity period of the DEC. The operational rating is calculated according to a methodology approved by the Secretary of State and carried out by an approved energy assessor using a specific software tool. For more on energy assessors, see Practice Note: Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments. In addition to the operational rating, the DEC also contains a reference value such as a current legal standard or
PRACTICE NOTES
This Practice Note covers regulatory requirements relating to the use and care of visual display screen equipment. For information about other regulatory requirements relevant to the management of health and safety in the workplace, see Practice Note: Health and safety in the workplace—regulatory requirements. What is display screen equipment? Display screen equipment (DSE) is the expression commonly used to describe devices or equipment that have an alphanumeric or graphic display screen and can include conventional display screens and laptops, touch-screens and other similar devices. There can be particular risks associated with long-term use of DSE and therefore, in certain circumstances, there will be particular measures that organisations need to put in place. DSE requirements apply whenever workers are using DSE, including when: • working at a fixed workstation • working remotely/mobile working • hot-desking Where workers use DSE both in the office and away from it, eg when working from home, the requirements will apply in both these situations. Health and Safety (Display Screen Equipment) Regulations 1992 Definitions The Health and Safety (Display
GLOSSARY
The party to a transaction who receives an interest in land from the other party.
GLOSSARY
An advisory process carried out by RWM Limited on behalf of NDA to provide advice on whether a proposed waste package would be suitable for geological disposal. The process is jointly agreed with and monitored by the Health and Safety Executive, the EA and SEPA.
GLOSSARY
In the context of solid waste, disposal is the emplacement of waste in a suitable facility without intent to retrieve it at a later date. Retrieval may be possible but, if intended, the appropriate term is storage. Disposal may also refer to the release of airborne or liquid waste to the environment (i.e. emissions and discharges).
GLOSSARY
See Repository.