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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » July » 02
NO ISSUE BASED COSTS ORDER AND PART 36 BENEFITS APPLIED WHEN CLAIMANT BEAT HIS OWN PART 36 OFFER: HIGH COURT DECISION TODAY

NO ISSUE BASED COSTS ORDER AND PART 36 BENEFITS APPLIED WHEN CLAIMANT BEAT HIS OWN PART 36 OFFER: HIGH COURT DECISION TODAY

July 2, 2020 · by gexall · in Costs, Members Content, Part 36

In Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) Mr Justice Cavangh rejected the defendant’s submission that there should be an issue based costs order and awarded a claimant the usual Part 36 benefits when he beat his own…

RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURES ON DISCLOSURE: THE  DEPP TRIAL IS BACK AFLOAT

RELIEF FROM SANCTIONS GRANTED FOLLOWING FAILURES ON DISCLOSURE: THE DEPP TRIAL IS BACK AFLOAT

July 2, 2020 · by gexall · in Applications, Disclosure, Members Content, Relief from sanctions, Sanctions

Last week I wrote on the latest episode of the Depp case.  Mr Justice Nicol held that there had been a failure to comply with a peremptory order on disclosure and the Mr Depp’s case stood struck out.  Today it…

WOULD YOU BELIEVE IT? ANOTHER CASE WHEN CLAIM FORM WRONGLY SERVED : CLAIMANT "SERVED" ON SOLICITORS WHO DID NOT HAVE INSTRUCTIONS TO ACCEPT SERVICE

WOULD YOU BELIEVE IT? ANOTHER CASE WHEN CLAIM FORM WRONGLY SERVED : CLAIMANT “SERVED” ON SOLICITORS WHO DID NOT HAVE INSTRUCTIONS TO ACCEPT SERVICE

July 2, 2020 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

In the judgment  in Gallagher v Hallows Associates [2020] EW Misc 7 (CC) HHJ Jarman QC found that a defendant had been wrongly served when it was sent to solicitors who did not state they had instructions to accept service.  This…

WHEN YOU MUST AND WHEN YOU CAN'T SERVE PROCEEDINGS ON THE CLIENT'S SOLICITOR (ESSENTIAL KNOWLEDGE)

WHEN YOU MUST AND WHEN YOU CAN’T SERVE PROCEEDINGS ON THE CLIENT’S SOLICITOR (ESSENTIAL KNOWLEDGE)

July 2, 2020 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form

The judgment yesterday in Piepenbrock v Associated Newspapers Ltd & Ors  [2020] EWHC 1708 gives rise to that familiar issue of when a party can, and cannot, serve on the defendant’s solicitor.  No apologies are made for repeating the rules here. …

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  • COST BITES 427: WHEN A SOLICITOR ABANDONS AN ASSESSMENT: PERSONAL LIABILITY AND INDEMNITY COSTS FOLLOW
  • COURT REFUSES PERMISSION TO CHANGE NAME OF THE CLAIMANT AFTER THE EXPIRY OF THE LIMITATION PERIOD: THE DANGERS OF LEAVING THINGS LATE
  • THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON
  • A QUICK REMINDER OF THE CLB WEBINARS NOW AVAILABLE “ON DEMAND”: ALSO (AND UNRELATED) SAYING AU REVOIR TO THE LITTLE WHITE DOG
  • SERVICE POINTS 52: $28 MILLION CLAIM LOST BECAUSE OF A FAILURE TO SERVE A CLAIM FORM PROPERLY (THESE CAN BE EXPENSIVE MISTAKES…)

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COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"
THIS CASE SHOULD BE HEARD IN MANCHESTER: ANOTHER ADMINISTRATIVE COURT CASE TRANSFERRED AWAY FROM LONDON
ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL
COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE "SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT"
ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG

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