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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » March » 21
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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  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID

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