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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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AGENCY FEES ALLOWED ON APPEAL:  FULL COPY OF JUDGMENT AVAILABLE

AGENCY FEES ALLOWED ON APPEAL: FULL COPY OF JUDGMENT AVAILABLE

March 4, 2019 · by gexall · in Appeals, Costs

I am grateful to barrister Paul Hughes for sending me a copy of the decision of HHJ Graham Wood QC in Beardmore -v- Lancashire County Council.  The case considers the paying, and cost, of medical agency fees. A copy of…

DEFAULT JUDGMENT SET ASIDE, RELIEF FROM SANCTIONS GRANTED: ACTION THEN STRUCK OUT: REMEMBERING THE BASIC OBLIGATION TO FILE A DEFENCE - ON TIME

DEFAULT JUDGMENT SET ASIDE, RELIEF FROM SANCTIONS GRANTED: ACTION THEN STRUCK OUT: REMEMBERING THE BASIC OBLIGATION TO FILE A DEFENCE – ON TIME

March 4, 2019 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Relief from sanctions, Setting aside judgment

In Workman v Deansgate 123 LLP [2019] EWHC 360 (QB) Mr Justice William Davis allowed an application to set aside a default judgment and relief from sanctions.  The most surprising procedural aspect of this case is the defendant’s failure to file…

LIMITATION AND INHERITANCE ACT CLAIMS: SOMETHING TO WATCH CAREFULLY: AGREEING "LIMITATION AMNESTY" MAY NOT BE POSSIBLE

LIMITATION AND INHERITANCE ACT CLAIMS: SOMETHING TO WATCH CAREFULLY: AGREEING “LIMITATION AMNESTY” MAY NOT BE POSSIBLE

March 4, 2019 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Extensions of time, Limitation

NB – THESE COMMENTS ON THE POWER TO AGREE AN AMNESTY WERE DOUBTED BY THE COURT OF APPEAL SEE THE POST HERE   In Cowan v Foreman & Ors [2019] EWHC 349 (Fam) Mr Justice Mostyn set out some importance principles in…

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