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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » May » 30
DEFENDANTS WERE TOO LATE TO ACCEPT A PART 36 OFFER: THEIR APPLICATIONS FOR RELIEF FROM SANCTIONS ALSO DENIED

DEFENDANTS WERE TOO LATE TO ACCEPT A PART 36 OFFER: THEIR APPLICATIONS FOR RELIEF FROM SANCTIONS ALSO DENIED

May 30, 2022 · by gexall · in Applications, Members Content, Part 36, Relief from sanctions

In Wirex Ltd v Cryptocarbon Global Ltd & Ors [2022] EWHC 1161 (IPEC)  HHJ Hacon determined some interesting issues in relation to attempts to accept Part 36 offers late and relief from sanctions.   THE CASE The claimants had obtained a…

ANOTHER CASE WHERE JUDICIAL REVIEW PROCEEDINGS WERE ISSUED IN LONDON BUT IT WAS TRANSFERRED TO LEEDS

ANOTHER CASE WHERE JUDICIAL REVIEW PROCEEDINGS WERE ISSUED IN LONDON BUT IT WAS TRANSFERRED TO LEEDS

May 30, 2022 · by gexall · in Applications, Civil Procedure, Members Content

In  Fajr Ellis, R (On the Application Of) v Student Loans Company [2022] EWHC 1263 (Admin) Mr Justice Fordham held that judicial review proceedings, issued in London, should be transferred to the administrative court in Leeds.   “In my judgment…

THE COURT DOESN'T LIKE MACHISMO,  AGGRESSIVE LETTERS AND THE LIKE: HOWEVER A CLAIMANT STILL HAS TO GET ON WITH THINGS

THE COURT DOESN’T LIKE MACHISMO, AGGRESSIVE LETTERS AND THE LIKE: HOWEVER A CLAIMANT STILL HAS TO GET ON WITH THINGS

May 30, 2022 · by gexall · in Applications, Civil Procedure, Members Content

There are some interesting observations about the conduct of litigation in the Court of Appeal judgment in Planon Ltd v Gilligan [2022] EWCA Civ 642.  The court made it clear that it is alive to “machismo” methods of conducting litigation….

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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
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AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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