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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » June » 21
CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL

CASE STRUCK OUT BECAUSE OF FAILURE TO SERVE PARTICULARS OF CLAIM IN TIME: SECOND REMINDER TODAY THAT LITIGATION CAN SOMETIMES BE HARSH AND BRUTAL

June 21, 2021 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Members Content, Relief from sanctions, Serving documents

In  M/S Unique Part Trading LLC & Anor v Regal Lodge Road Ltd [2020] EWHC 3871 (Ch) Mr Justice Miles upheld an order striking out an action because the Particulars of Claim were served late.  It is a reminder of…

"THE SOMETIMES HARSH, EVEN BRUTAL, DEFAULT CONSEQUENCES OF 36.17 MUST BE APPLIED IN THE PRESENT CASE": RECOVER £10 IN DAMAGES AND STILL GET COSTS ON THE INDEMNITY BASIS

“THE SOMETIMES HARSH, EVEN BRUTAL, DEFAULT CONSEQUENCES OF 36.17 MUST BE APPLIED IN THE PRESENT CASE”: RECOVER £10 IN DAMAGES AND STILL GET COSTS ON THE INDEMNITY BASIS

June 21, 2021 · by gexall · in Appeals, Costs, Members Content, Part 36

In Shah & Anor v Shah & Anor [2021] EWHC 1668 (QB) Mrs Justice Collins Rice upheld the decision of the trial judge that the defendants should bear the normal Part 36 consequences when the claimants had made a Part…

"THERE COMES A POINT WHEN APOLOGIES ARE NOT ENOUGH": LATE APPLICATIONS IN THE COURT OF PROTECTION

“THERE COMES A POINT WHEN APOLOGIES ARE NOT ENOUGH”: LATE APPLICATIONS IN THE COURT OF PROTECTION

June 21, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content

In University Hospitals Dorset NHS Foundation Trust & Anor v Miss K [2021] EWCOP 40 Mrs Justice Lieven observed that applications, made very late in the day, by hospital trusts, cause considerable disruption. (The blunt reality here, however, is that…

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Recent Posts

  • WITNESS EVIDENCE WEDNESDAY: SPECIAL TWIXMAS EDITION: RELIEF FROM SANCTIONS WHEN STATEMENTS SERVED LATE: CLAIMANT ALLOWED TO RELY ON PARTICULARS OF CLAIM AS EVIDENCE
  • THE AUTOMATIC STAY UNDER CPR 15.11: WAS IT IMPOSED IN THIS CASE? WHAT CRITERIA SHOULD THE COURT CONSIDER WHEN AN APPLICATION IS MADE TO LIFT IT? WAS THE DELAY AN ABUSE OF PROCESS
  • REVIEW OF THE YEAR 13: WHAT ARE PEOPLE READING?
  • JURISDICTION CHALLENGE UNDER CPR 11 WAS “TOTALLY WITHOUT MERIT”: THE APPLICANT HAD ACCEPTED JURISDICTION IN ANY EVENT: INDEMNITY COSTS ORDERED
  • REVIEW OF THE YEAR 12: MAZUR AND THE CONDUCT OF LITIGATION: 48 POSTS TO DATE…

Top Posts

  • WITNESS EVIDENCE WEDNESDAY: SPECIAL TWIXMAS EDITION: RELIEF FROM SANCTIONS WHEN STATEMENTS SERVED LATE: CLAIMANT ALLOWED TO RELY ON PARTICULARS OF CLAIM AS EVIDENCE
  • JURISDICTION CHALLENGE UNDER CPR 11 WAS "TOTALLY WITHOUT MERIT": THE APPLICANT HAD ACCEPTED JURISDICTION IN ANY EVENT: INDEMNITY COSTS ORDERED
  • REVIEW OF THE YEAR 13: WHAT ARE PEOPLE READING?
  • THE AUTOMATIC STAY UNDER CPR 15.11: WAS IT IMPOSED IN THIS CASE? WHAT CRITERIA SHOULD THE COURT CONSIDER WHEN AN APPLICATION IS MADE TO LIFT IT? WAS THE DELAY AN ABUSE OF PROCESS
  • REVIEW OF THE YEAR 12: MAZUR AND THE CONDUCT OF LITIGATION: 48 POSTS TO DATE...

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