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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A "PART 36 OFFER" THAT ATTEMPTS TO VARY USUAL COSTS CONSEQUENCES IS NOT A PART 36 OFFER AT ALL:  HIGH COURT DECISION

A “PART 36 OFFER” THAT ATTEMPTS TO VARY USUAL COSTS CONSEQUENCES IS NOT A PART 36 OFFER AT ALL: HIGH COURT DECISION

February 14, 2018 · by gexall · in Civil Procedure, Members Content, Part 36

In James v James & Ors [2018] EWHC 242 (Ch)  HHJ Paul Matthews (sitting as a High Court Judge) determined an interesting issue in relation to an offer made in the course of proceedings.  A “Part 36” offer which attempted to…

APPLICATIONS FOR PERMISSION TO APPEAL: THE PROPOSED RESPONDENT CAN HAVE THEIR SAY

APPLICATIONS FOR PERMISSION TO APPEAL: THE PROPOSED RESPONDENT CAN HAVE THEIR SAY

February 14, 2018 · by gexall · in Appeals, Applications, Members Content

An interesting point arose in the Court of Appeal decision today in Carr v Panel Products (Kimpton) Ltd [2018] EWCA Civ 190.  When a party seeks permission to appeal from the trial judge – can the other party make submissions in…

LIMITATION: WHAT A DIFFERENCE A DAY MAKES: LIMITATION PERIOD STARTS TO RUN ON DAY CAUSE OF ACTION BEGINS

LIMITATION: WHAT A DIFFERENCE A DAY MAKES: LIMITATION PERIOD STARTS TO RUN ON DAY CAUSE OF ACTION BEGINS

February 14, 2018 · by gexall · in Limitation, Members Content, Summary judgment

In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) His Honour Judge Hodge QC (sitting as a Judge of the High Court) had to consider an interesting issue in relation to limitation.  “… where it is absolutely clear…

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