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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2017 » May » 29
SETTING ASIDE JUDGMENT, DELAY AND DENTON: "PROMPTNESS" CONSIDERED: DELAY MUST BE EXPLAINED

SETTING ASIDE JUDGMENT, DELAY AND DENTON: “PROMPTNESS” CONSIDERED: DELAY MUST BE EXPLAINED

May 29, 2017 · by gexall · in Applications, Civil Procedure, Default judgment,, Relief from sanctions, Setting aside judgment

In Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) Mr Justice Coulson refused to set aside a default judgment.  The case contains some important discussion on how the Denton principles apply to applications to set aside judgment. “……

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES  AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

May 29, 2017 · by gexall · in Applications, Case Management, Injunctions

In Capita PLC -v- Darch [2017] EWHC 1248 (Ch) Richard Spearman QC highlighted some of the procedural issues that can arise when applications are served late and with insufficient time estimates.   A failure to serve promptly did not, ultimately,…

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