THE ABSENCE OF A GOOD REASON FOR NOT ATTENDING A TRIAL LEADS TO DEFENDANT'S APPLICATION TO SET ASIDE BEING REFUSED

THE ABSENCE OF A GOOD REASON FOR NOT ATTENDING A TRIAL LEADS TO DEFENDANT’S APPLICATION TO SET ASIDE BEING REFUSED

March 9, 2022 · by · in Applications, Members Content, Setting aside judgment

The judgment of Deputy Master Scher in Miah v Ullah [2021] EWHC 3712 (Ch) contains an important reminder of the rigorous test a party has to meet when they fail to appear at a trial.  The Master found that the…

JUDGE CALLS A FOUL: CLAIMANT NOT ALLOWED TO RELY ON WITNESS STATEMENTS THAT BREACHED THE RULES: IF YOU ARE GOING TO CERTIFY COMPLIANCE WITH A PRACTICE DIRECTION IT MAY HELP TO READ IT BEFOREHAND...

JUDGE CALLS A FOUL: CLAIMANT NOT ALLOWED TO RELY ON WITNESS STATEMENTS THAT BREACHED THE RULES: IF YOU ARE GOING TO CERTIFY COMPLIANCE WITH A PRACTICE DIRECTION IT MAY HELP TO READ IT BEFOREHAND…

March 9, 2022 · by · in Applications, Civil evidence, Members Content, Witness statements

In Greencastle MM LLP v Payne & Ors [2022] EWHC 438 (IPEC) Mr Justice Fancourt was highly critical of the way in which witness statements on behalf of a claimant had been drafted.  The statements involved wholesale breaches of the…

COURT REFUSES TO MAKE AN ORDER FOR SUBSTITUTED SERVICE ON DEFENDANT'S SOLICITOR: THE DANGERS OF LEAVING SERVICE ISSUES TO THE LAST MINUTE

COURT REFUSES TO MAKE AN ORDER FOR SUBSTITUTED SERVICE ON DEFENDANT’S SOLICITOR: THE DANGERS OF LEAVING SERVICE ISSUES TO THE LAST MINUTE

March 9, 2022 · by · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

Another aspect of the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB) relates to the claimant’s application to serve the claim form by alternative method. This case illustrates how difficult this order…