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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » August » 02
LAWYERS AND HOLIDAYS: AVOIDING STRESS  – ADVICE FROM ALL OVER THE WORLD

LAWYERS AND HOLIDAYS: AVOIDING STRESS – ADVICE FROM ALL OVER THE WORLD

August 2, 2021 · by gexall · in Members Content, Well being

This is the time of year when many of us go on, and return from, holiday.  Even if people are not globe trotting a few weeks (or even days) away can lead to stress.  This is an appropriate time to…

CLAIMANTS' APPLICATION FOR AN EXTENSION OF TIME REFUSED: AN APPLICATION AT (SIX MINUTES) AFTER THE  DEADLINE

CLAIMANTS’ APPLICATION FOR AN EXTENSION OF TIME REFUSED: AN APPLICATION AT (SIX MINUTES) AFTER THE DEADLINE

August 2, 2021 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Extensions of time, Members Content, Relief from sanctions

The judgment of Mrs Justice O’Farrell in Jalla & Ors v Royal Dutch Shell Plc & Ors [2021] EWHC 2118 (TCC) shows the dangers of assuming that an extension of time will be given. The judge found that an agreement…

ANOTHER SERVICE OF THE CLAIM FORM CASE: THE COURT WILL NOT "REWRITE HISTORY":  SERVICE HAS TO TAKE PLACE ACCORDING TO THE RULES: EVEN AGAINST "PERSONS UNKNOWN"

ANOTHER SERVICE OF THE CLAIM FORM CASE: THE COURT WILL NOT “REWRITE HISTORY”: SERVICE HAS TO TAKE PLACE ACCORDING TO THE RULES: EVEN AGAINST “PERSONS UNKNOWN”

August 2, 2021 · by gexall · in Applications, Avoiding negligence claims, Members Content, Relief from sanctions, Service of the claim form

The judgment of Mr Justice Nicklin in London Borough of Ealing v Persons Unknown [2021] EWHC 2132 (QB) serves as a stark reminder that there is a duty to comply with the rules relating to service of the claim form,…

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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 103: “THE RESPONSIBILITY OF PLEADING THE CLAIM RESTS ON THE CLAIMANT” (OH, AND MATTERS CANNOT BE ADDED IN A SKELETON ARGUMENT SERVED THE DAY BEFORE TRIAL…)
  • THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT
  • THE CRITICAL IMPORTANCE OF COMPLYING WITH TIME LIMITS: “THERE WAS A WHOLESALE FAILURE TO ACKNOWLEDGE THE DEFAULTS”; “IT WAS ALL AS IF COMPLIANCE WERE OPTIONAL”
  • BACK TO BASICS MONDAY: THE PROBLEMS THAT CAN OCCUR WITH THE CONTENTS OF THE CLAIM FORM: TEN KEY POINTS
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Top Posts

WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
PROFESSIONAL NEGLIGENCE NEWS 6 : CLAIMANT FAILS TO PROVE SOLICITORS WERE NEGLIGENT IN ADVISING UPON SETTLEMENT (IN FACT IT FAILS TO PROVE A LOT OF OTHER MATTERS AS WELL...)
THE COURT REFUSES DEFENDANT'S APPLICATION FOR AN ORDER THAT THE CLAIMANT'S SOLICITORS CEASE TO ACT FOR HER: THERE IS NO AUTOMATIC CONFLICT AND EVIDENCE IS REQUIRED

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