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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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YOU CAN'T RAISE A NEW CLAIM IN A RESPONSE TO A PART 18 REQUEST: THE PLEADED CASE REMAINS IMPORTANT

YOU CAN’T RAISE A NEW CLAIM IN A RESPONSE TO A PART 18 REQUEST: THE PLEADED CASE REMAINS IMPORTANT

July 22, 2022 · by gexall · in Civil evidence, Members Content, Statements of Case

In Costa v DissociaDID Ltd & Anor [2022] EWHC 1934 (IPEC) HHJ Hacon rejected the defendants’ attempt to argue points that were not pleaded.  The only time an issue had been raised was in response to Part 18 requests.   This…

SKELETON ARGUMENTS: KEY POINTS AND ISSUES: A REMINDER

SKELETON ARGUMENTS: KEY POINTS AND ISSUES: A REMINDER

July 22, 2022 · by gexall · in Members Content, Written advocacy

Periodically I reprise the links to online guidance on skeleton arguments. Here we have a series of links to posts and articles giving guidance on written submissions. “Sir James Hunt has told us of the (unattributed) judicial reaction on receiving…

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A  PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY

July 22, 2022 · by gexall · in Applications, Damages, Fatal Accidents, Members Content, Personal Injury

In  Power v Bernard Hastie & Company Ltd & Ors [2022] EWHC 1927 (QB) Mr Justice Johnson held that the estate of a claimant who had obtained a provisional damages order can take advantage of that order.  The order was…

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  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
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