Wills & Trusts Law Reports | Summer 2019 #175The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018. Under s4 of the 1975 Act, except with the permission of the court any application for an order under s2 was to be made within six months of the date of the grant. This was an application for permission to make the substantive application out of t...
Carl Troman assesses a recent decision on service by email ‘By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’ The Supreme Court has recently given judgment in Barton v …
Continue reading "Practice: Service can be a right hassle"
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Howard Elgot and Abigail Telford discuss a case that ended up in the Supreme Court concerning a procedural issue ‘Those seeking to serve a claim form by any mode should take particular care to comply with the rules and practice directions.‘ In Barton v Wright Hassall [2018], the claimant (C), acting as a litigant in …
Continue reading "Mis-service of the claim form: A triumph of form over substance?"
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Clare Arthurs and Nicole Finlayson look at litigants in person and service by email ‘Mr Barton‘s case at first instance was that he had complied with the rules because Berrymans‘ email correspondence with him amounted to an “indication“ under CPR PD 6A.4.1 that they would accept service by email.‘ Litigants in person do not have …
Continue reading "Insights by Penningtons Manches: In the ring"
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Max Archer and Kate Boakes provide an introduction to serving claims out of the jurisdiction ‘In answering the question of whether England and Wales is a natural forum for a case, the court must consider whether the action has a real and substantial connection with the jurisdiction.’ This is an article about service, a neglected …
Continue reading "Forum: Rules of service"
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