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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » July » 17
CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS

CLAIMANT FAILS TO SERVE THE CLAIM FORM PROPERLY: DEFENDANT FAILS TO NOTICE AND APPLIES TO STRIKE OUT ACTION: APPLICATION WAS UNNECCESARY & DEFENDANT NOT AWARDED COSTS

July 17, 2023 · by gexall · in Applications, Costs, Members Content, Service of the claim form

In Johnson v Devon And Cornwall Police & Ors [2023] EWHC 690 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) held that a defendant should have known that the proceedings against it had not been served properly.  The…

A LICENCE TO THRILL: JAMES BOND, THE MOVIES AND THE COURTS:  LEGAL TALES THAT WON'T SCARE THE LIVING DAYLIGHTS OUT OF YOU

A LICENCE TO THRILL: JAMES BOND, THE MOVIES AND THE COURTS: LEGAL TALES THAT WON’T SCARE THE LIVING DAYLIGHTS OUT OF YOU

July 17, 2023 · by gexall · in Civil evidence, Civil Procedure, Members Content

This morning I am encouraging you to read ‘James Bond and the Law’ : A talk to the Manchester Business and Property Courts Forum [2023] UKSpeech 7REH2, given by Mr Justice Foxton.  A look through at the James Bond franchise…

PERMISSION GIVEN FOR "UPDATING" WITNESS STATEMENTS: PARTIES NEED TO CONSIDER DIRECTIONS FOR UP-TO-DATE FACTUAL EVIDENCE

PERMISSION GIVEN FOR “UPDATING” WITNESS STATEMENTS: PARTIES NEED TO CONSIDER DIRECTIONS FOR UP-TO-DATE FACTUAL EVIDENCE

July 17, 2023 · by gexall · in Case Management, Clinical Negligence, Members Content, Relief from sanctions, Witness statements

The judgment of Mr Justice Ritchie in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2023] EWHC 1770 (KB) is an example of how consideration needs to be given to “updated” witness statements in a case where there situation is…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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