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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » April » 22
SERVICE ON INSURER ALLOWED WHEN DRIVER COULD NOT BE IDENTIFIED: FACT THAT INSURER HAD AN ORDER DECLARING THE POLICY VOID NOT RELEVANT TO THIS ISSUE

SERVICE ON INSURER ALLOWED WHEN DRIVER COULD NOT BE IDENTIFIED: FACT THAT INSURER HAD AN ORDER DECLARING THE POLICY VOID NOT RELEVANT TO THIS ISSUE

April 22, 2018 · by gexall · in Civil Procedure, Members Content, Service of the claim form, Serving documents

In Farah v Abdullahi & Ors [2018] EWHC 738 (QB) Master Davison rejected an application by an insurer to set aside an order that allowed service of an unnamed driver upon the insurer.  It was irrelevant that the insurer had obtained…

LEAVE TO APPEAL, APPEAL NOTICES AND THE NEED TO APPLY TO AMEND: COMPLIANCE WITH THE RULES IS CRUCIAL: KNOW THE RULES

April 22, 2018 · by gexall · in Appeals, Civil Procedure, Members Content

In Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 the Court of Appeal set out, in categorical terms, that parties should comply with the provisions relating to permission to appeal. In particular a party cannot…

UNREASONABLE FAILURE TO USE PROTOCOL WILL LEAD TO FIXED COSTS BEING AWARDED: COURT OF APPEAL DECISION: CPR 44 RULES THE DAY

UNREASONABLE FAILURE TO USE PROTOCOL WILL LEAD TO FIXED COSTS BEING AWARDED: COURT OF APPEAL DECISION: CPR 44 RULES THE DAY

April 22, 2018 · by gexall · in Appeals, Conduct, Costs, Fixed Costs, Members Content

In Williams v The Secretary of State for Business, Energy & Industrial Strategy [2018] EWCA Civ 852 the Court of Appeal considered the issue of the personal injury protocol and fixed costs.  It was held that CPR 44 has sufficient width…

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