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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » February » 07
CIVIL PROCEDURE BACK TO BASICS 30: THE ADVANTAGES OF APPLYING FOR AN EXTENSION BEFORE THE DATE OF BREACH: THE CASE KEEPS MOMENTUM

CIVIL PROCEDURE BACK TO BASICS 30: THE ADVANTAGES OF APPLYING FOR AN EXTENSION BEFORE THE DATE OF BREACH: THE CASE KEEPS MOMENTUM

February 7, 2019 · by gexall · in Applications, Extensions of time, Members Content, Relief from sanctions

In Robert –v- Momentum Services Limited [2003] EWCA Civ 299 the Court of Appeal held that where an application for an extension of time is made before the expiry of the stipulated period this was not a case as one of relief from sanctions. The…

JUDGE WAS WRONG TO IMPOSE SECURITY FOR COSTS ORDER IN RESPONSE TO WITNESS STATEMENT BEING SERVED LATE: COURT OF APPEAL DECISION

JUDGE WAS WRONG TO IMPOSE SECURITY FOR COSTS ORDER IN RESPONSE TO WITNESS STATEMENT BEING SERVED LATE: COURT OF APPEAL DECISION

February 7, 2019 · by gexall · in Applications, Members Content, Summary judgment

In  Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC [2019] EWCA Civ 119 the Court of Appeal overturned a first instance decision where a summary judgment application was adjourned on terms that the defendant provided security for costs.  The defendant…

RELIEF FROM SANCTIONS GRANTED WHEN WITNESS STATEMENT SERVED LATE: DECISION UPHELD ON APPEAL

RELIEF FROM SANCTIONS GRANTED WHEN WITNESS STATEMENT SERVED LATE: DECISION UPHELD ON APPEAL

February 7, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions, Witness statements

In  Petrou v Lambrou (t/a KCJ Builders) [2019] EWHC 166 (Comm) Mr Justice Freedman upheld the decision of a circuit judge who granted the defendant relief from sanctions when a witness statement was served late. Interestingly the judge, on appeal, exercised…

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Recent 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
  • 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
  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID

Top Posts

  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • 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
  • 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
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"

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