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Civil way: 14 July 2023

14 July 2023 / Stephen Gold
Issue: 8033 / Categories: Features , Procedure & practice , Civil way , CPR
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Service without a seal; reducing tax penalties; no jokes: the Glancing blow; coughing impecuniosity; actuarial bunfight; chancery talk.

LOOK NO SEAL

For £10,000, you would have thought the fees office at the Royal Courts of Justice would stick the court seal on the claims form, wouldn’t you? An unsealed claims form is about as good as a teabag without a cup. The Court of Appeal did not put it exactly like that in the second-tier appeal in Walton v Pickerings Solicitors and another [2023] EWCA Civ 602. What they did say was that on issue of proceedings, the court must seal the claim form (CPR 2.6(1)(a)) to indicate that it has been issued, so that until sealing there has been no issue and the proceedings have not been started. The claimant’s copies of his claim form, which were handed back to him in return for his cheque, were unsealed but, nevertheless, he served them. When in due course he got copies from the court—there were some changes from the first

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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