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Civil way: 8 February 2019

07 February 2019
Issue: 7827 / Categories: Features , Procedure & practice , Civil way
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Beating the tardy defendant; new workers’ rights; Forced Backdate (not Backstop); success fees deaded

LATE AoS OR DEFENCE?

An acknowledgment of service filed late but before judgment in default has been requested or applied for is a bar to that judgment being entered. That’s the position if Andrew Baker J got it right in Cunico Resources NV and others v Daskalakis and another and another case [2018] EWHC 3382 (Comm). He there held that, following a late acknowledgment, the claimants were not entitled to a default judgment pursuant to a subsequent application (on notice and not by way of request, because the claimants were contending for service out of the jurisdiction—see CPR 12.10). I suggest that the position would be the same in respect of a late defence followed by a request for judgment in default.

The judge followed Unilever plc v Pak Supermarket [2016] EWHC 3846 (IPEC) but declined to follow McDonald & McDonald v D&F Contracts Ltd [2018] EWHC 1600 (TCC) although he had some doubt as to whether the latter

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

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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