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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » April » 12
SERVICE BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE

SERVICE BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE

April 12, 2018 · by gexall · in Members Content, Service of the claim form, Serving documents

The facts in NPV v QEL & Anor [2018] EWHC 703 (QB) were exceptional.  However it does show that in some circumstances the courts will allow service by text. THE CASE The claimant was applying for an injunction to prevent alleged…

WHEN FACT FINDING GOES WRONG: APPEALS TO THE COURT OF APPEAL WHEN THERE ARE DELAYS BY THE JUDGE

WHEN FACT FINDING GOES WRONG: APPEALS TO THE COURT OF APPEAL WHEN THERE ARE DELAYS BY THE JUDGE

April 12, 2018 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

I am going to leave it to the family law bloggers to analyse all the implications of the judgment in P (A Child), Re [2018] EWCA Civ 720. It involves all parties in a case agreeing that the fact finding process at…

ATTEMPTING TO RELY ON MATTERS WHERE PERMISSION TO AMEND HAD BEEN REFUSED: A BRIDGE TOO FAR

April 12, 2018 · by gexall · in Amendment, Members Content, Statements of Case

In Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 751 (TCC) the court rejected an attempt by a party to argue a case which had not been pleaded.   The defendant had been refused permission to amend its defence and counterclaim…

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