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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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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, 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, 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, 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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  • THE COSTS JUDGE OVER YOUR SHOULDER 2: THERE WAS NO MISCONDUCT BY THE CLAIMANTS, HOWEVER THE COSTS OF ARGUING ABOUT CONDUCT WERE NOT ALLOWED
  • COSTS INCURRED PRIOR TO DEFENDANT’S BREACH ARE RECOVERABLE: THEY WERE “INCIDENTAL” TO THE APPLICATION
  • THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
  • THE REDUCTION OF A SUCCESSFUL CLAIMANT’S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
  • SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED

Top Posts & Pages

  • SERVICE BY EMAIL WAS NOT GOOD SERVICE: A CLAIMANT NEEDS A SPECIFIC STATEMENT THAT SERVICE WILL BE ACCEPTED: APPLICATION FOR AN EXTENSION OF TIME REFUSED
  • THE REDUCTION OF A SUCCESSFUL CLAIMANT'S COSTS BECAUSE OF CONDUCT: RELEVANT CALDERBANK OFFERS CONSIDERED: RECOVERABLE COSTS REDUCED BY 15% AND 60%
  • THE COSTS JUDGE OVER YOUR SHOULDER: A WORKING EXAMPLE: THE DETAILED ASSESSMENT OF COSTS: HOURS, SUPERVISION AND THE USE OF COUNSEL
  • SUMMARY ASSESSMENT OF COSTS: THERE WAS PROCEDURAL UNFAIRNESS IN THE ASSESSMENT PROCESS, HOWEVER THE RESULT WOULD HAVE BEEN THE SAME
  • COSTS INCURRED PRIOR TO DEFENDANT'S BREACH ARE RECOVERABLE: THEY WERE "INCIDENTAL" TO THE APPLICATION

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