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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.
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SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)

SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)

March 21, 2018 · by gexall · in Abuse of Process, Civil Procedure, Members Content, Service of the claim form, Serving documents

NB THIS DECISION WAS OVERTURNED ON APPEAL – SEE THE POST HERE I wrote earlier this week about the “tantalising” judgment of Master Bowles in the case of  Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). At…

PROCEDURAL DEFECTS AND CPR 3.10: CONSIDERATION BY THE COURT

PROCEDURAL DEFECTS AND CPR 3.10: CONSIDERATION BY THE COURT

March 21, 2018 · by gexall · in Civil evidence, Civil Procedure, Members Content, Sanctions

The judgment in Baxendale-Walker v APL Management Ltd [2018] EWHC 543 (Ch) covers several issues relating to procedure. Here I want to look at the assertions made in relation to procedural defects.  The judge held that some procedural errors by the…

SUCCESSFUL CHALLENGE TO 100% SUCCESS FEE UPHELD ON APPEAL: HIGH COURT JUDGMENT TODAY: SOLICITOR AND OWN CLIENT ASSESSMENT OF COSTS

SUCCESSFUL CHALLENGE TO 100% SUCCESS FEE UPHELD ON APPEAL: HIGH COURT JUDGMENT TODAY: SOLICITOR AND OWN CLIENT ASSESSMENT OF COSTS

March 21, 2018 · by gexall · in Applications, Assessment of Costs, Costs, Members Content

In  Herbert v HH Law Ltd [2018] EWHC 580 (QB) Mr Justice Soole refused a solicitor’s appeal against a decision reducing the success fee from 100% to 15%.  This is a very important decision for claimant personal injury lawyers who, habitually,…

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  • SERVICE POINTS 13: IS A CLAIMANT SAVED BY THE FACT THAT THE DEFENDANT DID NOT FILE AN ACKNOWLEDGMENT OF SERVICE OR MAKE AN APPLICATION UNDER CPR 11? THE COURT OF APPEAL HAVE A VIEW…
  • SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
  • MAZUR MATTERS 11: WHAT IS MEANT BY “THE CONDUCT OF LITIGATION” 2: WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
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  • MAZUR MATTERS 11: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 2: WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
  • EXPERT WATCH 17: A DETAILED CONSIDERATION BY THE HIGH COURT OF WHEN EXPERT EVIDENCE IS PERMITTED OR "REASONABLY REQUIRED": COMPLIANCE WITH THE RULES IS VERY IMPORTANT HERE
  • SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)

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