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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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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
  • SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS
  • WITNESS EVIDENCE WEDNESDAY: TIPS FOR TESTIFYING IN COURT: FROM THE UNITED STATE’S ATTORNEY’S OFFICE (MIDDLE DISTRICT OF PENNSYLVANIA)
  • SERVICE POINTS 43: WHY CPR 6.15 IS NOT THE “CAVALRY” COMING OVER THE HILL TO SAVE YOU IF THE CLAIM FORM HAS NOT BEEN SERVED PROPERLY
  • SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)

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  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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