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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » October » 28
THE JUDGMENT IN JALLA -V- SHELL: THE JUDGMENT OF LORD JUSTICE UNDERHILL: THE ABSENCE OF ANY EXPLANATION FOR DELAY

THE JUDGMENT IN JALLA -V- SHELL: THE JUDGMENT OF LORD JUSTICE UNDERHILL: THE ABSENCE OF ANY EXPLANATION FOR DELAY

October 28, 2021 · by gexall · in Appeals, Extensions of time, Members Content, Relief from sanctions

The case of Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time) [2021] EWCA Civ 1559 was covered in the previous post.  It is worthwhile looking at the shorter judgment…

COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST

COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST

October 28, 2021 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions

In the decision today in  Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time)[2021] EWCA Civ 1559 the Court of Appeal upheld a decision not to grant extensions of time…

IS A CLUB YARD A "PUBLIC PLACE"? REVERSE SUMMARY JUDGMENT GRANTED TO INSURER DEFENDANTS

IS A CLUB YARD A “PUBLIC PLACE”? REVERSE SUMMARY JUDGMENT GRANTED TO INSURER DEFENDANTS

October 28, 2021 · by gexall · in Applications, Members Content, Personal Injury

In Brown v Fisk & Ors [2021] EWHC 2769 (QB) Master Dagnall granted reverse summary jugment to an insurer defendant. This involved consideration of whether a yard was a “public place” under s.151 of the Road Traffic Act 1988.   THE…

CLAIMANT WAS VICTIM OF FRAUD BUT ITS ACTION IS STATUTE BARRED: SECTION 32 (1) OF THE LIMITATION ACT 1980 CONSIDERED

CLAIMANT WAS VICTIM OF FRAUD BUT ITS ACTION IS STATUTE BARRED: SECTION 32 (1) OF THE LIMITATION ACT 1980 CONSIDERED

October 28, 2021 · by gexall · in Limitation, Members Content

In European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) Mr Justice Miles made many findings adverse to the defendants. However the claim failed because it was statute barred.  The judgment considers the issue…

IN THE RUN UP TO HALLOWEEN 4: THE "TOP 10" THINGS THAT KEEP LAWYERS AWAKE AT NIGHT

IN THE RUN UP TO HALLOWEEN 4: THE “TOP 10” THINGS THAT KEEP LAWYERS AWAKE AT NIGHT

October 28, 2021 · by gexall · in Avoiding negligence claims, Members Content

Last year I did a Top 10 of lawyer’s nightmares.  The intervening year has not changed much, although there may be more emphasis on the failure of remote hearing platforms… We’ll start with every lawyer’s nightmare.  Alastair David Time limits!!…

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  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
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