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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » April » 15

MORE ABOUT SERVICE OF THE CLAIM FORM: GOOD REASONS, DELAY AND A FAILURE TO PAY THE PROPER COURT FEES

April 15, 2016 · by gexall · in Applications, Civil evidence, Limitation, Members Content, Service of the claim form, Uncategorized

In TMT Asia LImited -v- BHP Billiton Marketing AG [2016] EWHC 287 (Ch) Mr Justice Burton considered several issues relating to late service of the claim form and failure to pay the correct court fee. KEY POINTS The defendant’s application…

"IN TIME" APPLICATION TO EXTEND TIME FOR PEREMPTORY ORDER REFUSED: CLAIM STRUCK OUT

April 15, 2016 · by gexall · in Applications, Civil Procedure, Extensions of time, Members Content, Peremptory orders, Relief from sanctions, Uncategorized

I am grateful to Charles Bagot of Hardwicke Chambers for bringing my attention to the decision in Kranniqi -v- Watford Timber Company Ltd (District Judge Parfitt 13/04/2016). It is a working example of (i)the dangers of failing to comply with…

COSTS SHOULD NOT NORMALLY BE REDUCED WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: COURT OF APPEAL DECISION

April 15, 2016 · by gexall · in Appeals, Assessment of Costs, Members Content, Part 36, Uncategorized

|n Webb -v-Liverpool Women’s NHS Foundation Trust [2016]EWCA Civ 365 the Court of Appeal overturned an “issue based” decision on costs in a case where a claimant had beaten there own Part 36 offer. “It is a sad fact that…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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