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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » May » 12

DEFENDANT FAILS TO BEAT CLAIMANT’S PART 36 OFFER: PART 36 CONSEQUENCES HELD NOT TO APPLY: THE CONSEQUENCES OF SERVING EVIDENCE LATE

May 12, 2021 · by gexall · in Fatal Accidents, Members Content, Part 36, Witness statements

The judgment of Mr Justice Johnson in Head v The Culver Heating Co Ltd [2021] EWHC 1235 (QB) is one that is of profound interest to those involved in fatal accident litigation. I will be writing about the damages aspect…

A PART 36 OFFER MADE LESS THAN 21 DAYS BEFORE TRIAL: WHAT HAPPENS IF THE TRIAL IS ADJOURNED

A PART 36 OFFER MADE LESS THAN 21 DAYS BEFORE TRIAL: WHAT HAPPENS IF THE TRIAL IS ADJOURNED

May 12, 2021 · by gexall · in Appeals, Civil Procedure, Members Content, Part 36

In  Reader v SPIE Ltd & Anor [2021] EWHC 1221 (QB) Mr Justice Andrew Baker considered an issue in relation to the construction of  CPR 36.  A party made an offer less than 21 days before the date set for…

DEFENDANTS FAIL TO HAVE DEFAULT COSTS CERTIFICATE OF  US$3 MILLION SET ASIDE: DRAFT POINTS OF DISPUTE NOT AVAILABLE AT THE APPLICATION

DEFENDANTS FAIL TO HAVE DEFAULT COSTS CERTIFICATE OF US$3 MILLION SET ASIDE: DRAFT POINTS OF DISPUTE NOT AVAILABLE AT THE APPLICATION

May 12, 2021 · by gexall · in Applications, Assessment of Costs, Costs, Default judgment,, Members Content, Relief from sanctions

In  National Bank of Kazakhstan & Anor v The Bank of New York Mellon SA/NV, London Branch & Ors [2021] EWHC B7 (Costs) Costs Judge Rowley refused an application by the defendants to set aside a default costs certificate.  This…

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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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