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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » March » 23

WHAT A DAY FOR CLAIM FORM CASES: DECISION IN THE COURT OF APPEAL

March 23, 2016 · by gexall · in Appeals, Applications, Members Content, Service of the claim form, Serving documents, Uncategorized

No sooner was the (metaphorical) ink dry on the post on the Abbott -v- Econwall case   when the Court of Appeal decision in Barton -v- Wright Hassall [2016] EWCA Civ 177. In the case the judge allowed an application…

"INAPPROPRIATE TECHNICAL GAMES": ANOTHER CASE ABOUT SERVICE OF THE CLAIM FORM: DEFENDANT SNAPPED INTO SHAPE

March 23, 2016 · by gexall · in Applications, Members Content, Serving documents, Statements of Truth, Striking out, Uncategorized

The judgment of His Honour Judge Hacon in Abbott -v-Econowall Ltd [2016] EWHC 660 (IPEC) contains some important observations about the conduct expected in litigation. Also some important lessons in relation to agreeing extensions of time for service. “…parties to…

APPEAL COSTS ARE PAYABLE IMMEDIATELY: HIGH COURT DECISION

March 23, 2016 · by gexall · in Assessment of Costs, Costs, Members Content, Uncategorized

In Khaira -v- Shergill [2016] EWHC 628 (Ch) Richard Spearman QC (sitting as a Deputy Judge) held that costs ordered by the Supreme Court were payable forthwith and an assessment should not be stayed until the end of the case….

THE PROTOCOLS: OFFERS AND RAISING NEW POINTS AT THE HEARING

March 23, 2016 · by gexall · in Admissions, Case Management, Civil evidence, Costs, Damages, Members Content, Uncategorized

The 4 New Square website has a copy of an interesting judgment of His Honour Judge Freedman in Mulholland -v- Hughes (18th September 2015). “I regard it as inequitable and unfair for a defendant, for the first time, to raise…

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  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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