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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » November » 29
NEW TODAY: GENERAL GUIDANCE ON ELECTRONIC COURT BUNDLES (PAGINATION SHOULD START FROM PAGE ONE...)

NEW TODAY: GENERAL GUIDANCE ON ELECTRONIC COURT BUNDLES (PAGINATION SHOULD START FROM PAGE ONE…)

November 29, 2021 · by gexall · in Bundles, Civil Procedure, Members Content

The Courts and Tribunal Judiciary Site has today published new guidance in relation to electronic bundles.   The link is available here. The guidance updated and replaces previous guidance.  If I were to highlight one matter it is the need for…

TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT "WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY" & "REWARD BAD BEHAVIOUR"

TRIALS ON PRELIMINARY ISSUES, CALDERBANK OFFERS AND COSTS: COURT OF APPEAL REJECT SUBMISSION THAT “WOULD REPRESENT THE ANTITHESIS OF GOOD POLICY” & “REWARD BAD BEHAVIOUR”

November 29, 2021 · by gexall · in Appeals, Costs, Members Content, Part 36

In the judgment in  McKeown v Langer [2021] EWCA Civ 1792 the Court of Appeal rejected an argument that a Calderbank offer had the same effect as a Part 36 offer when a court was considering the issue of costs…

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

November 29, 2021 · by gexall · in Applications, Extensions of time, Members Content, Relief from sanctions, Service of the claim form, Serving documents

In Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) Master Dagnall considered a case where the defendant required an extension of time in order to take points in relation to service of proceedings. The Master…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
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