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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » March » 09
APPLICATION FOR RELIEF REFUSED BECAUSE THE UNDERLYING CLAIM WAS MISCONCEIVED: A RARE EXAMPLE OF THE MERITS OF THE ACTION BEING CONSIDERED

APPLICATION FOR RELIEF REFUSED BECAUSE THE UNDERLYING CLAIM WAS MISCONCEIVED: A RARE EXAMPLE OF THE MERITS OF THE ACTION BEING CONSIDERED

March 9, 2020 · by gexall · in Applications, Members Content, Relief from sanctions

In  Price, R v (on the application of) v The Crown Court at Snaresbrook [2020] EWHC 496 (Admin) Mr Justice Freedman refused the claimant’s application for relief from sanctions because the underlying claim was “hopeless”. This is a rare example…

PLEADING A DEFENCE PROPERLY: THE DIFFERENCE BETWEEN A DENIAL AND A NON-ADMISSION: HIGH COURT GOES BACK TO BASIC PRINCIPLES

PLEADING A DEFENCE PROPERLY: THE DIFFERENCE BETWEEN A DENIAL AND A NON-ADMISSION: HIGH COURT GOES BACK TO BASIC PRINCIPLES

March 9, 2020 · by gexall · in Amendment, Members Content, Statements of Case

There are some interesting observations about statements of case in the judgment of Mr Justice Warby in  Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 523 (QB).  This case emphasises the difference between a non-admission and a denial…

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE'S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

March 9, 2020 · by gexall · in Appeals, Civil Procedure, Injunctions, Members Content, Service of the claim form, Serving documents

In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…

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