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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2019 » January » 28
ORDER GRANTING TIME TO EXTEND SERVICE SET ASIDE: THE DEEMED DATE FOR SERVICE OF THE CLAIM FORM: A BLAST FROM THE PAST: STILL APPLIES TO SERVICE ABROAD

ORDER GRANTING TIME TO EXTEND SERVICE SET ASIDE: THE DEEMED DATE FOR SERVICE OF THE CLAIM FORM: A BLAST FROM THE PAST: STILL APPLIES TO SERVICE ABROAD

January 28, 2019 · by gexall · in Applications, Relief from sanctions, Service of the claim form, Serving documents

The judgment in Punjab National Bank (International) Ltd v Srinivasan & Ors [2019] EWHC 89 (Ch) contains two interesting lessons (i) a court can always set aside an order extending time for service of proceedings; (ii) the “old” rules relating to…

WHEN THE COURT LETS YOU DOWN: A WORRYING CHRONOLOGY

WHEN THE COURT LETS YOU DOWN: A WORRYING CHRONOLOGY

January 28, 2019 · by gexall · in Access to justice

In  BC v BG [2019] EWFC 7  the court rejected an application to set aside an arbitration award made in ancillary relief proceedings. The application was unsuccessful (and the applicant awarded to pay costs). However the issue of concern is the…

CIVIL PROCEDURE BACK TO BASICS 26: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?

CIVIL PROCEDURE BACK TO BASICS 26: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?

January 28, 2019 · by gexall · in Applications, Civil evidence, Civil Procedure

In civil proceedings witnesses are commonly present throughout an entire action. On occasions a request is made that witnesses be excluded.  There is little authority for the proposition that a court can exclude witnesses or guidance as to how the discretion…

THE ADMISSIBILITY OF POLICE REPORTS AS EVIDENCE: NO NEGLIGENCE WHEN DRIVER FEARED HE WAS TO BE ASSAULTED: A CASE TO POINT

THE ADMISSIBILITY OF POLICE REPORTS AS EVIDENCE: NO NEGLIGENCE WHEN DRIVER FEARED HE WAS TO BE ASSAULTED: A CASE TO POINT

January 28, 2019 · by gexall · in Civil evidence, Civil Procedure, Personal Injury

In Mohmed v Barnes & Anor [2019] EWHC 87 (QB) Mr Justice Turner found that a driver had not been negligent when he drove into a pedestrian an attempt to escape an assault. The case is important in relation to an…

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