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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » February » 03
"I FIND THAT THE CLAIM WAS CONSTRUCTED BY THE CLAIMANT'S LAWYERS ON A PREMISE WHICH WAS IRRELEVANT AND WAS NOT IN ACCORDANCE WITH THE CLAIMANT'S EVIDENCE OR THE LAW": WHY MUCH MORE CARE IS NEEDED IN DRAFTING SCHEDULES

“I FIND THAT THE CLAIM WAS CONSTRUCTED BY THE CLAIMANT’S LAWYERS ON A PREMISE WHICH WAS IRRELEVANT AND WAS NOT IN ACCORDANCE WITH THE CLAIMANT’S EVIDENCE OR THE LAW”: WHY MUCH MORE CARE IS NEEDED IN DRAFTING SCHEDULES

February 3, 2022 · by gexall · in Civil evidence, Damages, Fundamental Dishonesty, Members Content

We are looking again at the decision in Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB). This time at the judgment in relation to quantum. The case involved a situation where the claimant’s lawyers presentation of the case…

12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW: AN UPDATE

12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW: AN UPDATE

February 3, 2022 · by gexall · in Avoiding negligence claims, Members Content, Service of the claim form

The recent Court of Appeal decision in Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 highlights the need for constant awareness of issues relating to service of the claim form.  It is an area…

JUDGE GRANTS DEFENDANT RELIEF FROM SANCTIONS IN RELATION TO LATE FILING OF THE ACKNOWLEDGMENT OF SERVICE

JUDGE GRANTS DEFENDANT RELIEF FROM SANCTIONS IN RELATION TO LATE FILING OF THE ACKNOWLEDGMENT OF SERVICE

February 3, 2022 · by gexall · in Applications, Members Content, Relief from sanctions

In Cambpell v Chief Land Registrar [2022] EWHC 200 (Ch) HHJ Hodge (sitting as a judge of the High Court) granted the defendant relief from sanctions following its failure to acknowledge service in time. “it would be unjust if two…

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