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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 » October » 13
A SHORT POINT ON CLAIMANTS WITHOUT CAPACITY AND LIMITATION: ONCE A LIMITATION PERIOD STARTS RUNNING IT NEVER STOPS

A SHORT POINT ON CLAIMANTS WITHOUT CAPACITY AND LIMITATION: ONCE A LIMITATION PERIOD STARTS RUNNING IT NEVER STOPS

October 13, 2017 · by gexall · in Limitation

I was lecturing earlier this week on the issue of disability in personal injury cases. One of the principles of law I was lecturing on proved to be “controversial”, that is it appeared to come as a surprise to many…

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

October 13, 2017 · by gexall · in Civil Procedure, Risks of litigation, Rule Changes, Sanctions, Striking out

In April this year the rules were amended to introduce a concept of “automatic striking out”.  Put simply if a claimant does not pay the court fee by the relevant date. I have seen occasions where this has had effect….

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  • HOURLY RATES AGREED WITH LITIGATION FRIEND ARE SUBJECT TO REVIEW: THE APPROPRIATE PROCEDURE WHEN A SHORTFALL IN RECOVERABLE COSTS IS SOUGHT FROM A CLAIMANT
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  • A BIT MORE ABOUT HOURLY RATES: TWO NATIONS?
  • NINE YEARS ON 1: SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?
  • HOURLY RATES AGREED WITH LITIGATION FRIEND ARE SUBJECT TO REVIEW: THE APPROPRIATE PROCEDURE WHEN A SHORTFALL IN RECOVERABLE COSTS IS SOUGHT FROM A CLAIMANT
  • QOCS APPLIES TO LEGALLY AIDED CASES: HIGH COURT DECISION
  • WITNESS STATEMENTS: A FAILURE TO FOLLOW THE BASIC RULES IS OFTEN A SIGN OF MORE FUNDAMENTAL PROBLEMS...

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