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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » February » 11

DILATORY CONDUCT BY DEFENDANT CAUSES IT TO BE REFUSED PERMISSION TO RELY ON EXPERTS

February 11, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Risks of litigation

There is an important decision of Master Cook in the case of Chambers -v-Buckingham  Healthcare NHS Trust available at dropbox The case highlights the fact that defendants  too can fall foul of the problems caused by Mitchell.  I will prepare…

ARE YOU SERVING DOCUMENTS BY E-MAIL? IS IT SAFE? ARE YOU SURE? A CASE STUDY IN PROBLEMS THAT CAN OCCUR

February 11, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

The Civil Procedure Rules allow service of documents by e-mail.  However I was involved in a case today which demonstrated that relying on e-mail service can be problematic and led to the sender requiring relief from sanctions. THE RULES CPR…

WHAT HAPPENS WHEN ONE BUDGET IS PROVIDED INSTEAD OF THREE? IS THERE A BREACH AND WOULD THE COURT GRANT RELIEF FROM SANCTIONS?

February 11, 2014 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content, Relief from sanctions

Arguments about the form of compliance are likely to become as commonplace as about the time of compliance.   These arguments were considered by Master Kay Q.C. Important observations are made about the appropriate form for costs budgets when one or…

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