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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » October » 30

SECTION 14A OF THE LIMITATION ACT: DON'T RELY ON s.14A BEING A GOOD INVESTMENT

October 30, 2014 · by gexall · in Civil Procedure, Limitation, Members Content

In Susan Jacobs -v- Sesame Ltd [2014] EWCA Civ 1410 the Court of Appeal held that the claimant could not take advantage of s.14A of the Limitation Act 1980.  The date of knowledge was much earlier than that found by…

CASE STRUCK OUT BECAUSE DELAY WAS AN ABUSE OF PROCESS: WEARN -v- HNH CONSIDERED

October 30, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions, Risks of litigation, Striking out

In Wearn -v- HNH International Holdings Ltd [2014] EWHC 3542 (Ch) Mr Justice Barling struck out a claim for delay, holding that the claimant’s delay amounted to an abuse of process. There are also a few interesting observations about the…

HELP WITH COSTS BUDGETING AND PRECEDENT H: ALL THE USEFUL LINKS IN ONE PLACE – UPDATED

October 30, 2014 · by gexall · in Costs, Costs budgeting, Members Content

  THERE ARE NUMEROUS POSTS ON THIS BLOG ABOUT COSTS BUDGETING AND PRECDENT H.  THESE ARE UPDATED ON A REGULAR BASIS. AS A REMINDER HERE ARE THE IMPORTANT LINKS TO GUIDANCE ON COSTS BUDGETING AND PRECEDENT H MOST RECENT LINKS…

COSTS BUDGETS IN HIGH VALUE CASES, ADR AND CASE MANAGEMENT: A VERY IMPORTANT HIGH COURT CASE

October 30, 2014 · by gexall · in Applications, Costs, Costs budgeting, Members Content

In CIP Properties (AIPT) Ltd -v- Galliford Try Infrastructures Ltd [2014] EWHC 3546 (TCC) Mr Justice Coulson set out important principles in relation to granting specific stays to allow ADR, Case Management and the ability of the court to impose…

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COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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