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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » February » 13
THE CLAIMANT HAD SIX WEEKS TO ISSUE AND SERVE THE CLAIM FORM AND WAS ONE DAY LATE: RELIEF FROM SANCTIONS REFUSED

THE CLAIMANT HAD SIX WEEKS TO ISSUE AND SERVE THE CLAIM FORM AND WAS ONE DAY LATE: RELIEF FROM SANCTIONS REFUSED

February 13, 2023 · by gexall · in Members Content, Relief from sanctions, Sanctions, Service of the claim form, Serving documents

In Halton Borough Council v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 293 (Admin)  HHJ Stephen Davies (sitting as a High Court Judge) refused a claimant’s application for relief from sanctions. This was a case where…

DEFENDANT'S APPLICATION FOR AN ORDER THAT CLAIMANT REDRAW BILL OF COSTS DISMISSED: EXPERIENCE OF FEE EARNERS IS A MATTER FOR THE DETAILED ASSESSMENT PROCESS

DEFENDANT’S APPLICATION FOR AN ORDER THAT CLAIMANT REDRAW BILL OF COSTS DISMISSED: EXPERIENCE OF FEE EARNERS IS A MATTER FOR THE DETAILED ASSESSMENT PROCESS

February 13, 2023 · by gexall · in Applications, Assessment of Costs, Costs, Members Content

An interesting point was considered by Costs Judge Nangalingam in Brierley v Otuo & Ors [2023] EWHC 275 (SCCO). The defendant paying party argued that a bill of costs should be redrawn.  One of the grounds for the application was…

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Recent Posts

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  • FILING A NOTICE OF APPEAL OUT OF TIME: A TALE OF THREE CITIES: RELIEF FROM SANCTIONS GRANTED WHEN THE APPEAL WAS LATE BUT THE SOLICITORS “DID NOTHING WRONG AT ALL”
  • THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE “INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED”
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Top Posts

  • ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF WITNESS STATEMENTS: THERE IS NO SATISFACTORY EXPLANATION FOR THIS: HOW DOES THE JUDGE KNOW IT IS THE WITNESS'S OWN WORDS?
  • SERVICE POINTS 38: THE CLAIMANT SERVES AT THE WRONG ADDRESS BUT THE DEFENDANT FAILS TO APPLY IN TIME (A CLASSIC STORY)
  • COST BITES 380: "ALWAYS CHOOSE A COSTS LAWYER FOR EXPERT LEGAL COSTS ADVICE": GUIDANCE FROM THE SRA
  • EXPERT WATCH 45: THE JUDGE PREFERS THE EXPERT WHO HAD KNOWLEDGE AND "GENUINE EXPERIENCE IN THE SUBJECT AREA"
  • THE CURRENT IMPORTANCE OF PLEADINGS 68: COURT OF APPEAL HOLDS THAT THE JUDGE SHOULD NOT HAVE ALLOWED AMENDMENTS: THE PLEADINGS WERE "INCOHERENT, SELF-CONTRADICTORY AND INSUFFICIENTLY PARTICULARISED"

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