Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » February » 01

A COUNTERCLAIM IS SUBJECT TO THE SAME RULES AS LIMITATION AS A CLAIM: SECTION 35 OF THE LIMITATION ACT CONSIDERED BY THE COURT OF APPEAL

February 1, 2017 · by gexall · in Appeals, Limitation, Members Content

In the judgment today in  Al-Rawas -v- Hassan Khan (A Firm) [2017] EWCA Civ 42 the Court of Appeal held that a counterclaim did not have any special status under the Limitation Act. It was subject to the same principles as…

FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY

February 1, 2017 · by gexall · in Appeals, Applications, Costs, Disclosure, Members Content, QOCS

The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.2K other subscribers

Recent Posts

  • DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
  • WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
  • CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
  • EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE

Top Posts

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
PROPORTIONALITY IN LITIGATION (1): A TEN POINT GUIDE FOR CIVIL LITIGATORS: A REVIEW OF CASE LAW AND POSTS OVER THE PAST 13 YEARS
THE SRA CANNOT COMPEL A SOLICITOR TO DISCLOSE A CLIENT’S PRIVILEGED DOCUMENTS: THE FUNDAMENTAL IMPORTANCE OF LEGAL PROFESSIONAL PRIVILEGE

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop