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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE EFFECT OF A WITHDRAWN PART 36 OFFER : DEFENDANTS NOT ENTITLED TO COSTS, BUT LED TO NO ORDER FOR COSTS THROUGHOUT

THE EFFECT OF A WITHDRAWN PART 36 OFFER : DEFENDANTS NOT ENTITLED TO COSTS, BUT LED TO NO ORDER FOR COSTS THROUGHOUT

November 20, 2018 · by gexall · in Civil Procedure, Conduct, Costs, Members Content, Part 36

There is an interesting judgment in Britned Development Ltd v ABB AB & Anor [2018] EWHC 3142 (Ch) which should be read by anyone thinking of withdrawing a Part 36 offer.   The defendants in this case made a Part 36 offer…

DOES WHAT YOU WEAR MATTER?  GUIDANCE FOR ADVOCATES AND LITIGANTS

DOES WHAT YOU WEAR MATTER? GUIDANCE FOR ADVOCATES AND LITIGANTS

November 20, 2018 · by gexall · in Advocacy, Civil evidence, Members Content

Does how you dress affect how you are perceived? A recent tweet (from the USA) contained a complaint from a lawyer that a judge had upbraided them in court for not wearing a tie.  The lawyer asserted that there were…

THE DANGERS OF PLEADING DISHONESTY: PART OF REPLY TO DEFENCE STRUCK OUT

THE DANGERS OF PLEADING DISHONESTY: PART OF REPLY TO DEFENCE STRUCK OUT

November 20, 2018 · by gexall · in Abuse of Process, Applications, Members Content, Statements of Case, Striking out

In Canary Riverside Estate Management Ltd v Circus Apartments Ltd [2018] EWHC 1376 (Ch) Master Shuman provides an succinct summary of the principles relating to pleading dishonesty.  Part of a Reply that alleged dishonesty was struck out. THE CASE The claimant…

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Recent Posts

  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
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