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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 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM
  • COST BITES 441: NO ORDER FOR COSTS – EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE…
  • COST BITES 440: WHY INDEMNITY COSTS WERE ORDERED A LOOK AT THE CLAIMANTS’ PLEADED CASE: FIRSTLY IT WAS PLEADED TOO WIDELY, SECONDLY THERE WERE THEN ATTEMPTS TO PUT THE CASE OUTSIDE THE PLEADINGS

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