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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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RUDE CORRESPONDENCE: A RECAP: JUST REMEMBER WHAT YOU WRITE COULD END UP ON A BLOG SOME DAY (FOR THE WHOLE WORLD TO SEE...)

RUDE CORRESPONDENCE: A RECAP: JUST REMEMBER WHAT YOU WRITE COULD END UP ON A BLOG SOME DAY (FOR THE WHOLE WORLD TO SEE…)

September 20, 2021 · by gexall · in Civil Procedure, Conduct, Members Content

Several search terms that led people to this blog today related to the “arrogant tone of solicitor correspondence”.  This seems like a good time to recap on Guidance and case law where, shall we say “assertive” correspondence has been considered…

JUDGE WAS WRONG TO ALLOCATE ACTION TO SMALL CLAIMS TRACK: CLAIMANT SUCCEEDS IN APPEAL AND CASE ALLOCATED TO THE FAST TRACK

JUDGE WAS WRONG TO ALLOCATE ACTION TO SMALL CLAIMS TRACK: CLAIMANT SUCCEEDS IN APPEAL AND CASE ALLOCATED TO THE FAST TRACK

September 20, 2021 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Members Content

In  Elias & Anor v Blemain Finance Ltd [2021] EW Misc 15 (CC) HHJ Keyser QC overturned a decision allocation an action to the small claims track. The matter was re-allocated to the fast track. “… it seems to me…

JUDGE WAS CORRECT TO ORDER DEFENDANT TO FACE NORMAL CONSEQUENCES WHEN CLAIMANT BEAT THEIR OWN PART 36 OFFER: HIGH COURT DECISION

September 20, 2021 · by gexall · in Appeals, Damages, Fundamental Dishonesty, Members Content, Part 36

There is another aspect of the judgment in Elgamal v Westminster City Council [2021] EWHC 2510 (QB) that needs consideration.  The judgment on fundamental dishonesty was considered in the previous post.  The defendant was unsuccessful in their appeal against the…

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