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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » April » 18
THE CLEVELAND BRIDGE CASE: A SECOND CROSSING: PAYMENTS ON ACCOUNT OF COSTS

THE CLEVELAND BRIDGE CASE: A SECOND CROSSING: PAYMENTS ON ACCOUNT OF COSTS

April 18, 2018 · by gexall · in Costs, Costs budgeting, Interim Payments, Members Content

Judgments dealing with payments on account of costs are rare, but illuminating.  Particularly when the costs budget is taken as the starting point. There is a detailed consideration of this issue in Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018]…

LIEN, THE SOLICITOR AND THE INSURER: NO SAFE HAVEN FOR DEFENDANTS

LIEN, THE SOLICITOR AND THE INSURER: NO SAFE HAVEN FOR DEFENDANTS

April 18, 2018 · by gexall · in Abuse of Process, Access to justice, Appeals, Costs, Members Content

The judgment of the Supreme Court this morning in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21. It confirms that solicitors are entitled to costs in cases where the defendant’s insurer, knowing of the solicitor’s involvement,  settled…

WHEN THE LIMITATION ACT IS NOT YOUR BEST FRIEND: "SHEER  INCOMPETENCE" DOES NOT PERSUADE A COURT TO EXERCISE ITS DISCRETION

WHEN THE LIMITATION ACT IS NOT YOUR BEST FRIEND: “SHEER INCOMPETENCE” DOES NOT PERSUADE A COURT TO EXERCISE ITS DISCRETION

April 18, 2018 · by gexall · in Abuse of Process, Amendment, Appeals, Applications, Avoiding negligence claims, Limitation, Members Content, Statements of Case, Statements of Truth, Striking out

CPR 17.(4) is always one of the most “challenging” sections of the Limitation Act in practice. Amending the name of a party after the expiry of the limitation period is not always easy.  The judgment in Best Friends Group & Anor…

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