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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » November » 03

RELIEF FROM SANCTIONS REFUSED: DENTON MADE NO DIFFERENCE

November 3, 2014 · by gexall · in Appeals, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

In Blemain Finance Ltd -v- Mukhtar &  Osman (28/10/14)* Globe J upheld a decision of the first instance judge refusing relief from sanctions. THE FACTS The claimant sought possession of the defendants’ home following a failure to pay. There was…

CASE NOT STRUCK OUT BECAUSE OF A FAILURE TO FILE TRIAL BUNDLE & PAY COURT FEES

November 3, 2014 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content, Relief from sanctions

One of the most read posts on this blog was, in the middle of the Mitchell Madness period, when a judge struck out an action because the trial bundle had been lodged late.  This issue was considered by Hickinbottom J…

LIMITATION & THE DATE OF KNOWLEDGE CONSIDERED IN THE CONTEXT OF HEARING LOSS

November 3, 2014 · by gexall · in Appeals, Avoiding negligence claims, Civil Procedure, Limitation, Members Content, Personal Injury

In Platt -v- BRB Residuary Ltd [2014] EWCA Civ 1401 the Court of Appeal considered issues relating to the date of knowledge in the context of a claim for hearing loss. THE LAW The relevant sections of the 1980 Act…

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