On 28 October 2019, the Competition Appeal Tribunal (CAT) handed down judgment in the Trucks Cartel claims (UK Trucks Claim Limited v Fiat Chrysler Automobiles N.V. and others and DAF Trucks N.V. and others and Road Haulage Association v MAN SE and others and Daimler AG) on a preliminary issue taken by several objectors who were contesting the compliance of funding arrangements with the CAT Rules. Continue reading
Lawyers toasting one more victory;
Judges nipping at their robes;
Yuletide bundles and their tabs, one, two, three;
Defendants flinch as counsel probes.
Everybody knows the court is the last place to go;
Helps to make everything right.
Each party with their eyes all aglow,
Will not go down without a fight.
They know that justice is on its way.
And hopefully that they are not the ones to pay.
And your solicitor is gonna try,
For after all, they are your closest ally.
And so, we’re offering this simple phrase,
To all writers and readers too.
Although it’s been said many times, many ways,
Thank you so much, Merry Christmas, Happy New Year to you.
The Practical Law Dispute Resolution Blog will resume in early January 2020. Until then, from the Practical Law Dispute Resolution team, thank you to our contributors for their stellar pieces, to you for reading, and best wishes for a joyful festive period.
Under the Civil Procedure Rules, where the defendant is an individual, the claim form is served personally by “leaving it with that individual”. But what does that mean, particularly in circumstances where the individual refuses to accept the claim form? The recent case of Gorbachev v Guriev provides a useful case study, in which it was held by the High Court that personal service was effective where the documents were placed beside the defendant’s car before it was driven off. The case addresses a number of important practical considerations when preparing to serve an individual in person. Continue reading