Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 23 APRIL 2018

Duty Bound: What Should A Solicitor Do When Confronted By A Mistake By The Other Side?

Travers Smith LLP
Travers Smith LLP
Contributor
Travers Smith LLP

Travers Smith LLP

It is not just law at Travers Smith. We treat our clients’ business as our business, their dispute...

View firm profile
Explore more from Travers Smith LLP

In the first case, Barton v Wright Hassall LLP, a claimant litigant in person purported to serve the defendant's solicitors by email on the last day of the validity period ...

United KingdomLitigation, Mediation & Arbitration
Hannah Hartley
Hannah Hartley
Author LinkedIn connections

Two Recent High Profile Cases Throw A Spotlight On This Question.

TWO RECENT HIGH PROFILE CASES THROW A SPOTLIGHT ON THIS QUESTION.

In the first case, Barton v Wright Hassall LLP, a claimant litigant in person purported to serve the defendant's solicitors by email on the last day of the validity period for the claim form, in circumstances where the defendant's solicitors had not indicated that they were prepared to accept service by that method. The defendant subsequently took the point that the purported service was bad, that the claim had not been validly served in time, and that it was statute barred.

The claimant then brought an application for retrospective validation of his bad service pursuant to CPR 6.15(2), on the basis that there was a "good reason" to do so. One of the "good reasons" for validation was said to be that the defendant's solicitors had been "playing technical games" by not warning him, when they received his email purporting to effect

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors
Article

Budget Tracker (2026)

The Chancellor of the Exchequer faces the formidable challenge of delivering his first Budget amid economic headwinds, geopolitical instability, and a wave of ambitious government promises. With GDP growth forecast at just 1.1%, inflation at 3.4%, and public sector net borrowing exceeding £115 billion, can he balance fiscal responsibility with pledges to avoid raising Income Tax, National Insurance, or VAT while funding increased defence spending and social care reforms?
United KingdomGovernment, Public Sector
Travers Smith LLP
Travers Smith LLP
Article

The EU Cyber Resilience Act's Vulnerability And Incident Reporting Requirements Are Now Live

The EU Cyber Resilience Act introduces mandatory vulnerability and incident reporting requirements for manufacturers of products with digital elements, effective September 2026. With tight 24-hour deadlines for initial reports and penalties reaching €15 million or 2.5% of global turnover, manufacturers must establish robust incident response procedures immediately.
United KingdomTechnology
Travers Smith LLP
Travers Smith LLP
Article

Nearly Out Of PERG-atory – But Not Quite Yet: Good News As The FCA Finalises PERG 18 On Cryptoassets, But With Even More Legal Changes To Come

Cryptoasset firms face a rapidly evolving regulatory landscape as the FCA's authorisation gateway opens on 30 September 2026. With the Financial Services and Markets Act 2000 (Cryptoassets) (Miscellaneous Amendments) Regulations 2026 laid before Parliament and the FCA's finalised PERG 18 guidance published within 24 hours, firms must navigate significant perimeter changes including new stablecoin payment exclusions.
United KingdomFinance and Banking
Travers Smith LLP
Travers Smith LLP
Article

SFDR 2.0 – European Parliament Negotiating Position: The Stage Is Set For Trilogue

The European Parliament has published its negotiating position on SFDR 2.0, setting the stage for trilogue negotiations between the Commission, Parliament and Council. With the asset management industry hoping for relief from the complexities of SFDR 1.0, the Parliament's proposals claim to simplify the regime while maintaining credibility of sustainability-related investments.
United KingdomFinance and Banking
Travers Smith LLP
Travers Smith LLP
Article

The Cyber Security And Resilience Bill: A New Era For Data Centre Regulation

The UK faces an average of four nationally significant cyber attacks per week, yet data centres—the backbone of the digital economy—have remained outside regulatory scope until now. The Cyber Security and Resilience Bill will fundamentally change this landscape, introducing mandatory incident reporting within 24 hours, substantial penalties for non-compliance, and a new regulatory framework overseen by Ofcom that applies to facilities exceeding specific power thresholds.
United KingdomTechnology
Travers Smith LLP
Travers Smith LLP
Article

What The UK's Tough New Rules On Late Payment Mean For Your Business

The UK Government is implementing sweeping reforms to late payment laws that will fundamentally change how businesses manage supplier payments. These changes include substantial fines for persistent late payers, mandatory statutory interest rates, and a prohibition on payment terms exceeding 60 days. With enforcement powers granted to the Small Business Commissioner and a new binding adjudication system...
United KingdomCorporate/Commercial Law
Travers Smith LLP
Travers Smith LLP