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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » January » 17
WHEN A PARTY CHANGES ITS FUNDING ARRANGEMENTS PART WAY THROUGH: A CHANGE FROM DBA TO CFA DID NOT PREVENT THE CLAIMANT RECOVERING FULL COSTS

WHEN A PARTY CHANGES ITS FUNDING ARRANGEMENTS PART WAY THROUGH: A CHANGE FROM DBA TO CFA DID NOT PREVENT THE CLAIMANT RECOVERING FULL COSTS

January 17, 2018 · by gexall · in Conditional Fee Agreements, Costs, Members Content

The decision of Master James in Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors [2018] EWHC B1 (Costs) raises an interesting set of issues when a party changes the basis of its funding part-way through a case,…

FIRST CLAIM FORM CASE OF THE YEAR: THE DANGERS OF LEAVING SERVICE UNTIL THE LAST MINUTE

FIRST CLAIM FORM CASE OF THE YEAR: THE DANGERS OF LEAVING SERVICE UNTIL THE LAST MINUTE

January 17, 2018 · by gexall · in Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

It is the middle of January (bluebells nowhere in sight) and we have already have a claim form case to consider.  In  Kennedy v The National Trust for Scotland [2017] EWHC 3368 (QB) Sir David Eady considered whether service (at the…

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Recent Posts

  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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