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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » January » 06
A CLAIMANT'S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

A CLAIMANT’S ADDRESS SHOULD BE ON THE CLAIM FORM: BUT A FAILURE DOES NOT LEAD TO A GRANT OF SECURITY FOR COSTS

January 6, 2021 · by gexall · in Applications, Civil Procedure, Members Content

The judgment of Master Kaye in Beriwala v Woodstone Properties (Birmingham) Ltd & Anor [2021] EWHC 6 (Ch) provides a reminder that the inclusion of the claimant’s address on the claim form is a mandatory requirement [unless an application is…

PROVING THINGS 196: PROVING THAT FILES WERE (OR WERE NOT) DELIVERED IS MORE TRICKY THAN YOU MIGHT THINK

PROVING THINGS 196: PROVING THAT FILES WERE (OR WERE NOT) DELIVERED IS MORE TRICKY THAN YOU MIGHT THINK

January 6, 2021 · by gexall · in Civil evidence, Conduct, Members Content, Serving documents

The judgment of Master Clark in The Law Society of England and Wales (Solicitors Regulation Authority) v Sophie Khan & Co Ltd [2021] EWHC 2 (ChD) highlights the difficulties involved in  proving, or disproving, that a document was delivered.  In…

IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY

IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY

January 6, 2021 · by gexall · in Applications, Civil evidence, Conduct, Coronavirus, Members Content, Remote hearings

In SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors [2021] EWHC 5 (Ch) Master Kaye pointed out that taking photographs of participants in a remote  court was unlawful. THE CASE The Master was giving judgment in a…

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EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
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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