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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » April » 08
BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE...): A REPEAT

BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE…): A REPEAT

April 8, 2024 · by gexall · in Avoiding negligence claims, Conduct, Members Content

Recent social media interest in a post I first wrote in April 2017 has led me to repeat it. The post concerned an aspect the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that did not made the…

AN INTERESTING JUDGMENT ON LIMITATION: CHEQUES, PAYMENT AND DEMAND: SECOND DEMAND DOES NOT RE-OPEN THE LIMITATION PERIOD

AN INTERESTING JUDGMENT ON LIMITATION: CHEQUES, PAYMENT AND DEMAND: SECOND DEMAND DOES NOT RE-OPEN THE LIMITATION PERIOD

April 8, 2024 · by gexall · in Appeals, Limitation, Members Content

In Agia v Skipton Building Society [2024] EW Misc 14 (CC) HHJ Malek considered a novel point relating to limitation. A limitation period cannot be “re-opened” by a customer making a demand on a bank many decades after a cheque…

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  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH…
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE “LAST KNOWN ADDRESS”: THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • THE DEFENDANT’S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

Top Posts

  • THE DEFENDANT'S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH...
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE "LAST KNOWN ADDRESS": THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

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