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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » July » 03
"OUR CASE WAS SO HOPELESS YOU SHOULD HAVE APPLIED TO STRIKE US OUT": LOSING PARTY SHOULD PAY THE COSTS OF CLAIMANTS PURSUING SPECULATIVE CLAIM: YOU CAN'T HAVE YOUR CAKE AND EAT IT

“OUR CASE WAS SO HOPELESS YOU SHOULD HAVE APPLIED TO STRIKE US OUT”: LOSING PARTY SHOULD PAY THE COSTS OF CLAIMANTS PURSUING SPECULATIVE CLAIM: YOU CAN’T HAVE YOUR CAKE AND EAT IT

July 3, 2020 · by gexall · in Conduct, Costs, Members Content

The judgment of Mrs Justice Lambert today in  Bailey & Anorv Glaxosmithkline UK Ltd [2020] EWHC 1766 (QB) reflected the normal rule that the losing party should pay the costs of an action.  In this case the losing party was…

CORONAVIRUS LAW: APPEAL ON POSSESSION ISSUES STAYED BY PD51Z:  NO SALAMI SLICING OF CASES WHERE A LANDLORD IS SEEKING POSSESSION

CORONAVIRUS LAW: APPEAL ON POSSESSION ISSUES STAYED BY PD51Z: NO SALAMI SLICING OF CASES WHERE A LANDLORD IS SEEKING POSSESSION

July 3, 2020 · by gexall · in Appeals, Civil Procedure, Coronavirus, Members Content

In the judgment in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors[2020] EWCA Civ 833 the Court of Appeal (by a majority) stayed a number of appeals, holding that they were possession proceedings…

CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL

CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL

July 3, 2020 · by gexall · in Case Management, Members Content, Relief from sanctions, Striking out

In Edmunds v Newell & Anor [2020] EW Misc 7 (CC) HHJ Jarman QC refused a claimant’s application for relief from sanctions. The claim was struck out but the counterclaim continued.   THE CASE The claimant claimed £110,599.99 plus interest…

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WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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