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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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LIMITATION: SECTION 33 APPLICATION SUCCESSFUL  - 38 YEARS AFTER THE EVENT COMPLAINED OF

LIMITATION: SECTION 33 APPLICATION SUCCESSFUL – 38 YEARS AFTER THE EVENT COMPLAINED OF

June 5, 2019 · by gexall · in Applications, Limitation

In FZO v Adams & Anor [2018] EWHC 3584 (QB) Mrs Justice Cutts exercised the Section 33 discretion in a case brought 25 – 30 years after the expiry of the applicable limitation period and where the events happened 38…

MOTOR INSURERS BUREAU IS LIABLE TO COVER VEHICLE BEING DRIVEN OFF ROAD: COURT OF APPEAL DECISION TODAY

MOTOR INSURERS BUREAU IS LIABLE TO COVER VEHICLE BEING DRIVEN OFF ROAD: COURT OF APPEAL DECISION TODAY

June 5, 2019 · by gexall · in Access to justice, Appeals, Civil Procedure, Personal Injury

In Motor Insurers’ Bureau v Lewis [2019] EWCA Civ 909 the Court of Appeal upheld the finding of Mr Justice Soole that the Motor Insurers Bureau were liable to indemnify the driver of a vehicle that was being driven “off…

COSTS AGAINST CHILDREN AND LITIGATION FRIENDS: COURT HAS A DISCRETION TO ORDER COSTS AGAINST CHILD LITIGANTS

COSTS AGAINST CHILDREN AND LITIGATION FRIENDS: COURT HAS A DISCRETION TO ORDER COSTS AGAINST CHILD LITIGANTS

June 5, 2019 · by gexall · in Applications, Case Management, Costs

In  the judgment today in Barker v Confiànce Ltd & Ors [2019] EWHC 1401 (Ch) Mr Justice Morgan considered whether costs could be ordered against child claimants and/or their litigation friend. He found that no special principles apply to prevent…

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