Category Archives: News

The answer is yes.  The Civil Procedure Rules (CPR) apply to all parties – including litigants in person. By way of an example, the Supreme Court has held that there is a very high threshold to excuse claimants (including litigants in person) from the strict rules for service of legal proceedings. The claimant, acting in... Read the rest of this entry →

You could consider making a claim for passing off. An action in passing off can be used to protect the “goodwill” in your business, product or service. Goodwill is the distinguishing feature that makes customers prefer your business, products or services to those of a competitor in the same market. What do you need to... Read the rest of this entry →

The recent Court of Appeal decision in Woodward and another -v- Phoenix Healthcare Distribution Limited held that a solicitor for a defendant had no obligation to advise solicitors for the claimant that they have made a fatal procedural error. This case concerned the defective service of a claim form. The claim form should have been... Read the rest of this entry →

Where a defendant fails to respond to legal proceedings within the prescribed time period, the claimant may make an application for default judgment. If default judgment is granted, the defendant may be able to make an application to set aside the default judgment if, for example: the judgment was “wrongly entered”; the defendant has a... Read the rest of this entry →

Is the debtor company unable to pay it’s debts? When presenting a winding up petition, the most common ground relied upon by creditors is that the debtor company is unable to pay its debts. A debtor company is considered to be unable to pay its debts where: A creditor has served a statutory demand for... Read the rest of this entry →