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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

May 20, 2022 · by gexall · in Appeals, Assessment of Costs, Members Content, Relief from sanctions

In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell.  The issues that…

JUDGE REFUSES TO STRIKE OUT ACTION ON THE BASIS OF “ILLEGALITY”: THE CLAIMANT WAS NOT CAPABLE OF COMMITTING “CRIMINAL” ACTS

May 20, 2022 · by gexall · in Applications, Members Content, Personal Injury

For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) Mr Justice Garnham…

THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF "ACTIONABLE DAMAGE": COURT REFUSES TO STRIKE OUT THE CLAIMANT'S CASE

THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF “ACTIONABLE DAMAGE”: COURT REFUSES TO STRIKE OUT THE CLAIMANT’S CASE

May 20, 2022 · by gexall · in Applications, Members Content, Personal Injury, Striking out

In the judgment today in Brooks v Zurich Insurance Public Ltd Co & Anor [2022] EWHC 1170 (QB) Master Davison refused an application to strike out an action against insurers under the provisions of the Third Party (Rights Against Insurers)…

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