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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PEREMEPTORY ORDERS IN THE COURT OF APPEAL 2: MAKING CONCESSIONS AND PUTTING ALL YOUR EGGS IN ONE BASKET

PEREMEPTORY ORDERS IN THE COURT OF APPEAL 2: MAKING CONCESSIONS AND PUTTING ALL YOUR EGGS IN ONE BASKET

September 23, 2021 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

There are twp other aspects of the Court of Appeal judgment in Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 that merit consideration.  Firstly the claimant’s decision to make one application; the second related to concessions made…

CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION

CONSTRUING PEREMPTORY ORDERS: THE DATE FOR COMPLIANCE IS THE DATE FOR COMPLIANCE: COURT OF APPEAL DECISION

September 23, 2021 · by gexall · in Appeals, Civil Procedure, Members Content, Striking out

In Poule Securities Ltd v Howe & Ors [2021] EWCA Civ 1373 the Court of Appeal considered the construction of an “unless” order.  It was held that the date for compliance on the order had to be construed as the…

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