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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2015 » October » 29

PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT

October 29, 2015 · by gexall · in Civil evidence, Damages, Disclosure, Uncategorized

The judgment of the Court of Appeal in One Money Mail Ltd -v- RIA Financial Services [2015] EWCA Civ 1084 highlights a surprisingly common theme in many judgments. A party wants damages but has simply failed to adduce the evidence…

APPLICATION FOR INDEMNITY COSTS REFUSED: A HIGH COURT DECISION

October 29, 2015 · by gexall · in Conduct, Costs, Uncategorized

In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a…

LIMITATION :"STANDSTILL AGREEMENT" HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION

October 29, 2015 · by gexall · in Limitation, Uncategorized

In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now…

CPR 3.10 STOPS A CLAIM FROM SINKING: USING THE WRONG FORM NOT FATAL TO AN ACTION

October 29, 2015 · by gexall · in Civil Procedure, Service of the claim form, Uncategorized

In LD Commodities Rice Merchandising LLC -v- The Owners and/or Charterers of the Vessel Styliani Z [2015 ] EWHC 3060 (Admlty) Mr Justice Teare considered a case where the claimant used the wrong form to issue an action, this could…

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