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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » December » 04

MAKING AN "APPORTIONED" COSTS ORDER: A CLAIMANT WHO RECOVERS LESS THAN THEY ARE ASKING IS NOT A "LOSER"

December 4, 2014 · by gexall · in Applications, Civil Procedure, Costs, Members Content

It is more common for a judge to “apportion” costs at the end of a trial to reflect the merits of the case and the “success” of each party. In Trant -v- Stokes (o3/12/2014 CA)* the Court of Appeal overturned…

ADDITIONAL PARTIES CANNOT BE ADDED IF THERE IS NO CONNECTION TO CURRENT ACTION: THE ABC OF XYZ

December 4, 2014 · by gexall · in Applications, Civil Procedure, Members Content

In the latest decision in the XYZ case [2014] EWHC 4056 (QB) Mrs Justice Thirlwall DBE rejected an application that the insurers of the defendants be joined into the action.  There was no real connection between the issues in the…

SECOND ACTION AGAINST A DIFFERENT DEFENDANT STRUCK OUT FOR ABUSE OF PROCESS: ALCOCK -v- PARK BUSINESS CENTRES LIMITED

December 4, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions, Risks of litigation, Second set of proceedings, Striking out

Should a second action, issued because the first was struck out for some reason, be struck out?  I am grateful to Charles Bagot of Hardwicke Chambers for sending me a copy of the transcript of a decision by District Judge…

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