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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » April » 10

ACTION STRUCK OUT FOR FAILURE TO GIVE DISCLOSURE: RELIEF FROM SANCTIONS REFUSED

April 10, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions

In Medical Supplies and Services Ltd -v- Acies & Gosling [2014] EWHC 1032 (QB) the claimant came to grief because of a failure to comply with a peremptory order for disclosure. Relief from sanctions was refused.  It provides another object…

COST BUDGET REQUIREMENT DOES NOT APPLY TO PART 8 CASES: A CASE IN POINT

April 10, 2014 · by gexall · in Appeals, Applications, Costs, Members Content, Relief from sanctions

There has been considerable discussion about whether the requirements to lodge a costs budget applies to Part 8 cases.  Part 8 cases are automatically allocated to the Multi Track and the requirements to lodge a budget was thought to apply….

SURVIVING MITCHELL 15: SHARE THE PAIN

April 10, 2014 · by gexall · in Avoiding negligence claims, Expert evidence, Members Content, Relief from sanctions

Most of the burden of complying with time periods and court orders lies with the solicitor.  However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…

AMENDMENTS TO THE CPR TO ALLOW A BUFFER: THE TIMETABLE

April 10, 2014 · by gexall · in Civil Procedure, Members Content, Relief from sanctions

There has been some discussion about whether, and when, the Civil Procedure Rules will be amended to allow the parties to agree to vary directions.  I am grateful to Katherine van Aardt  of Plxus Law for sending me information which…

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