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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » August » 21
DON'T DELAY SERVICE OF THE CLAIM FORM JUST BECAUSE YOU DON'T HAVE THE PARTICULARS OF CLAIM: A NAIL IN THE COFFIN FOR CLAIMANTS WHO DECIDE TO WAIT

DON’T DELAY SERVICE OF THE CLAIM FORM JUST BECAUSE YOU DON’T HAVE THE PARTICULARS OF CLAIM: A NAIL IN THE COFFIN FOR CLAIMANTS WHO DECIDE TO WAIT

August 21, 2018 · by gexall · in Appeals, Applications, Civil Procedure, Extensions of time, Members Content, Service of the claim form

There is another aspect of the judgment in Phoenix Healthcare Distribution Ltd v Woodward & Anor [2018] EWHC 2152 (Ch) that needs highlighting. The lesson here is clear:  you cannot delay service of the claim form on the grounds that you…

APPEAL ON FINDING OF FACT ALLOWED: ANOTHER SKIRMISH IN THE CREDIT HIRE WAR

APPEAL ON FINDING OF FACT ALLOWED: ANOTHER SKIRMISH IN THE CREDIT HIRE WAR

August 21, 2018 · by gexall · in Appeals, Applications, Damages, Members Content

I am grateful to Lee Kipling from Winns, solicitors for sending me a copy of the decision of HH Judge Gosnell in Morris -v- MCE Insurance Company Ltd.( Morris v MCE Insurance (23.07.18) (Jud) (2)). A case where the judge allowed…

NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:

NO DUTY ON A PARTY TO INFORM AN OPPOSING PARTY THEY ARE MAKING AN ERROR: THE APPEAL JUDGMENT IN PHOENIX IN FULL:

August 21, 2018 · by gexall · in Civil Procedure, Members Content, Service of the claim form, Serving documents

I have already noted that the judgment at first instance in  Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch) has been overturned. The full appeal judgment is now available on BAILLI at [2018] EWHC 2152 (Ch), a decision of HH…

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Recent Posts

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  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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