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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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FATAL ACCIDENTS AND LIMITATION: THERE IS NO BAR TO SECTION 33 BEING USED IF THE LIMITATION PERIOD EXPIRED PRIOR TO DECEASED PERSON'S DEATH

FATAL ACCIDENTS AND LIMITATION: THERE IS NO BAR TO SECTION 33 BEING USED IF THE LIMITATION PERIOD EXPIRED PRIOR TO DECEASED PERSON’S DEATH

August 29, 2023 · by gexall · in Limitation, Members Content, Personal Injury

In Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered an issue relating to limitation, Section 33 and fatal accident claims.  Can a claimant rely on Section 33 in circumstances where the limitation period had expired…

CAN A CLAIMANT RECOVER MORE THAN THEY HAVE CLAIMED IN THE CLAIM FORM? YES THEY CAN...

CAN A CLAIMANT RECOVER MORE THAN THEY HAVE CLAIMED IN THE CLAIM FORM? YES THEY CAN…

August 29, 2023 · by gexall · in Applications, Civil Procedure, Court fees, Members Content

We will be looking  several aspects of the judgment of Jason Beer KC (sitting as a High Court Judge) in Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB).  The first issue is a surprisingly common one. Can…

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