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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2013 » December » 11

CAN A STRUCK OUT CLAIMANT ISSUE AGAIN? EXERCISE OF THE SECTION 33 DISCRETION AFTER A FIRST ACTION HAS BEEN DISMISSED.

December 11, 2013 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Service of the claim form, Striking out

One of the “open” questions following the Mitchell decision is whether a claimant refused relief from sanctions can issue again. That is an open question (which will be considered at another time).  Here we look at the court’s approach to…

SG DG PETROL: A (HIGH COURT) POST-MITCHELL DECISION ON RELIEF FROM SANCTIONS

December 11, 2013 · by gexall · in Civil Procedure, Members Content, Relief from sanctions, Striking out

There is a High Court decision on relief from sanctions at http://www.bailii.org/ew/cases/EWHC/Comm/2013/3920.html An application for relief from sanctions was dismissed. The judge went on to make general observations about how applications for relief from sanctions should be conducted. In SG DG Pet……

PROPOSED REFORMS TO COURT FEES

December 11, 2013 · by gexall · in Civil Procedure, Costs, Members Content, Useful links

The Ministry of Justice document on proposed reforms to Court fees can be found at http://www.official-documents.gov.uk/document/cm87/8751/8751.pdf… Enjoying this post? Become a Civil Litigation Brief member to read full articles and access all premium content. Become a member Already a member? Log…

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INSURER'S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE...
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