Mum’s the word; fare to Norwich: who pays; back pockets redundant; 109th CPR update; fee feast for fleas.
KEEPING SCHTUM
It’s alright. It’s relatively safe not to alert the claimant to their ineffective service of the claim from and wait for its expiry. That was the majority decision of the Supreme Court in Barton v Wright Hassall LLP [2018] UKSC 12 on which we reported in NLJ 13 April 2018, p15 and dipped into a subsequent case in which Master Bowles was against the mute solicitors. That subsequent case has just reached the Court of Appeal as Woodward and another v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 in which it was held that the facts of Barton were all but indistinguishable from those in Woodward. The claim form expired on 19 and the claim became time barred from 20 October 2017. Collyer Bristow LLP first-class posted the claim form to the defendant’s solicitors Mills & Reeve LLP on 17 October 2017 and emailed it to them on the same
