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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » February » 05
JUDGMENT IN DEFAULT - AFTER DEFENCE IS DUE BUT WHEN DEFENCE IS FILED LATE: ISSUE TO BE DETERMINED BY THE COURT OF APPEAL

JUDGMENT IN DEFAULT – AFTER DEFENCE IS DUE BUT WHEN DEFENCE IS FILED LATE: ISSUE TO BE DETERMINED BY THE COURT OF APPEAL

February 5, 2020 · by gexall · in Appeals, Applications, Civil Procedure, Default judgment,, Members Content, Setting aside judgment

An earlier post dealt with rule changes that come into force in April in relation to default judgment being entered. The new rules make it clear that judgment cannot be entered if the court has received an acknowledgement of service…

NEW RULES ON ENTERING A DEFAULT JUDGMENT WHERE ACKNOWLEDGMENT OF SERVICE OR DEFENCE IS FILED LATE

NEW RULES ON ENTERING A DEFAULT JUDGMENT WHERE ACKNOWLEDGMENT OF SERVICE OR DEFENCE IS FILED LATE

February 5, 2020 · by gexall · in Applications, Default judgment,, Members Content, Rule Changes

We have looked several times at the cases (sometimes conflicting cases) about whether a defence can be filed late.  In some cases it has been held that a claimant faced with a late defence can enter default judgment even when…

LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED: DEFENDANT DROPPED THE BALL BUT THIS WAS FORGIVABLE

LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED: DEFENDANT DROPPED THE BALL BUT THIS WAS FORGIVABLE

February 5, 2020 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content, Relief from sanctions

In Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 164 (Comm) Lionel Persey QC (sitting as a Deputy High Court Judge) granted relief from sanctions to a defendant who had filed a costs budget late.  The case…

WITNESS STATEMENTS, WITNESS EVIDENCE AND SELF-PROTECTION FOR THE LAWYER

WITNESS STATEMENTS, WITNESS EVIDENCE AND SELF-PROTECTION FOR THE LAWYER

February 5, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content, Witness statements

Every few years I repeat advice given in relation to the need for “self-protection” when drafting witness statements.  This is often caused by something I have seen in practice, questions I am asked, or a transcript of a case.  The…

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