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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » October » 17
MYTHS ABOUT LIMITATION 7: A SECTION 33 APPLICATION REQUIRES AN "EXCEPTIONAL INDULGENCE" FROM THE COURT

MYTHS ABOUT LIMITATION 7: A SECTION 33 APPLICATION REQUIRES AN “EXCEPTIONAL INDULGENCE” FROM THE COURT

October 17, 2017 · by gexall · in Avoiding negligence claims, Limitation, Members Content

I still come across arguments that a claimant seeking an order under Section 33 of the Limitation Act 1980 requires an “exceptional indulgence” from the court. This is another myth that has an historical basis, but has  been dispatched to…

WHEN THE PLEADINGS SHOULD NOT NAME SOMEONE: HIGH COURT OBSERVATIONS

WHEN THE PLEADINGS SHOULD NOT NAME SOMEONE: HIGH COURT OBSERVATIONS

October 17, 2017 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Statements of Case

In Huda v Wells & Ors [2017] EWHC 2553 (QB) Mr Justice Nicklin made some observations that make it clear that it may be prudent for statements of case not to name vulnerable individuals. THE CASE The defendants set aside an…

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