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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » January » 12

APPLICATIONS FOR PRE-ACTION DISCLOSURE MUST BE MADE PRE-ACTION (NOT A GREAT SURPRISE THIS)

January 12, 2016 · by gexall · in Appeals, Applications, Civil Procedure, Disclosure, Members Content, Uncategorized

In Personal Management Solutions Ltd -v- Gee 7 Group Wealth Limited [2015] EWHC 3859(Ch) Mr Justice Morgan decided that applications for pre-action disclosure must be made pre-disclosure. The court did not have jurisdiction to make such an application once proceedings…

FIXED COSTS, PART 36 AND THE PROTOCOL: A DIFFERENT OUTCOME

January 12, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Members Content, Part 36, Uncategorized

NB this decision was upheld by the Court of Appeal. Broadhurst -v- Tan [2016] EWCA Civ 94. The post earlier today on fixed costs after Part 36 offers led Benjamin Williams QC to, kindly, send me a decision of Smith -v-…

LATE SERVICE OF THE CLAIM FORM, EXTENSIONS OF TIME AND RESTORATION TO THE REGISTER: IT DOESN'T END WELL

January 12, 2016 · by gexall · in Appeals, Applications, Members Content, Service of the claim form, Uncategorized

The decision in Hyfield Estates Ltd -v- Eggar [2015] EWHC 3773 (QB) (His Honour Judge Peter Hughes QC sitting as a Judge of the High Court) provides another example of the dangers of late service of the claim form “It…

CIVIL COURTS STRUCTURE REVIEW: LINKS

January 12, 2016 · by gexall · in Applications, Members Content, Uncategorized

The Civil Courts Structure Review has potentially profound changes to the structure of the civil courts. Here are links to the key documents The report itself is available here The Welcoming Statement is available here  The press summary can be…

FIXED COSTS AND CLAIMANT'S PART 36 OFFERS

January 12, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Damages, Members Content, Part 36, Uncategorized

This case must be read with the Court of decision in Broadhurst -v- Tan [2016] EWCA Civ 94.  This effectively overrides this decision. Fixed costs do not apply when indemnity costs are ordered.  There is a report, helpfully put online by…

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