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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » August » 23

RELIEF FROM SANCTIONS IN THE TCC: LATE SERVICE OF THE PARTICULARS OF CLAIM

August 23, 2015 · by gexall · in Civil Procedure, Members Content, Relief from sanctions, Uncategorized

The judgment of Mr Justice Edwards-Stuart in North Midland Construction plc -v- Geo Networks Ltd [2015] EWHC 2384 (TCC) provides an object lesson in the dangers of delaying service of the particulars of claim. THE CASE The claimant issued two…

LATE AMENDMENT OF PLEADINGS: A RELATIVE CONCEPT: HAGUE PLANT APPLIED

August 23, 2015 · by gexall · in Amendment, Members Content, Statements of Case, Uncategorized

When is an application to amend pleadings made late, more particularly too late? This is something we have looked at several times before.  It was considered by H.H. Judge Keyser Q.C. in Hamizay Limited -v- Robin Swailes [2015] EWHC B14(Ch)….

BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: 10 KEY POINTS

August 23, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Uncategorized

The post about Eatons -v- Mitchells & Butler PLC led to some interesting discussions and raises some important issues. The claimant had been made bankrupt after he was injured. His lawyers overlooked this, issued proceedings, succeeded in a trial on…

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