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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » June » 26
FIFTH BIRTHDAY REVIEW 8: MYTHS ABOUT LIMITATION

FIFTH BIRTHDAY REVIEW 8: MYTHS ABOUT LIMITATION

June 26, 2018 · by gexall · in Limitation, Members Content, Personal Injury

This was a series in 2017. Looking at common “myths” or misconceptions in relation to limitation issues, particularly in personal injury cases.     MYTHUSTING 1 The limitation period for a personal injury action based on breach of contract is…

WHEN THE OTHER SIDE'S LAWYER SENDS THE COURT PRIVILEGED DOCUMENTS:  THE DILEMMA OF THE PARALEGAL "WHISTLE BLOWER"

WHEN THE OTHER SIDE’S LAWYER SENDS THE COURT PRIVILEGED DOCUMENTS: THE DILEMMA OF THE PARALEGAL “WHISTLE BLOWER”

June 26, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Setting aside judgment

   Several people have pointed out the judgment in Bruzas v Saxton [2018] EWHC 1619 (Fam) to me. This is a case that could have profound effects for the profession and the principles of legal professional privilege. This is the preliminary…

FIFTH BIRTHDAY REVIEW 7: THE "BACK TO BASICS" SERIES

FIFTH BIRTHDAY REVIEW 7: THE “BACK TO BASICS” SERIES

June 26, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

I am looking back at the posts that have been part of a series over the past five years. The “Back to Basics” posts are part of  a series that is  very much ongoing. The aim of each post is…

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Recent Posts

  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH…
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE “LAST KNOWN ADDRESS”: THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • THE DEFENDANT’S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

Top Posts

  • THE DEFENDANT'S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH...
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE "LAST KNOWN ADDRESS": THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

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