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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 19
RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

May 19, 2020 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions

High Court decisions in relation to relief of sanctions seem to be coming in pairs.  Yesterday we looked at Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 1237 (QB) today we are looking at the claimant’s successful appeal…

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES "BY THE SKIN OF THEIR TEETH": SOME IMPORTANT LESSONS TO LEARN HERE

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE

May 19, 2020 · by gexall · in Applications, Extensions of time, Members Content, Service of the claim form, Serving documents

Every year brings its own crop of service of the claim form cases. This year is no different.  In Oran Environmental Solutions Ltd & Anor v QBE Insurance (Europe) Ltd & Anor [2020] EWHC 1271 (Comm) Mrs Justice Cockerill observed…

PROVING THINGS 176: RELYING ON MEMORY FROM EVENTS A LONG TIME BACK

PROVING THINGS 176: RELYING ON MEMORY FROM EVENTS A LONG TIME BACK

May 19, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

I am grateful to David Platt QC  for sending me a copy of the judgment given today of Geoffrey Tattersall QC (sitting as a Deputy High Court Judge) in  Bannister -v- Freemans Public Limited Company [2020] EWHC 1256 (QB).  …

COVID REPEATS 26: YOU HAVE TO PROVE YOU HAVE SUFFERED DAMAGES: FOOTBALL CLUB PITCHES THEIR CASE TOO HIGHLY

COVID REPEATS 26: YOU HAVE TO PROVE YOU HAVE SUFFERED DAMAGES: FOOTBALL CLUB PITCHES THEIR CASE TOO HIGHLY

May 19, 2020 · by gexall · in Appeals, Civil evidence, Damages, Members Content

The next few posts in this series are going to highlight those cases where parties simply failed to prove things at trial (and there are quite a few of these). Today we are looking at  the Court of Appeal decision…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
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COSTS BITES 459: A SUCCESSFUL CLAIMANT SHOULD NOT HAVE BEEN DEPRIVED OF THEIR COSTS BECAUSE PRECEDENT U WAS SERVED FIVE HOURS LATE

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