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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A CLAIM FORM WAS NEVER SERVED PROPERLY AND THE ACTION WAS STRUCK OUT: A TRULY EXTRAORDINARY CASE OF FAILED SERVICE ON A FOREIGN DEFENDANT

A CLAIM FORM WAS NEVER SERVED PROPERLY AND THE ACTION WAS STRUCK OUT: A TRULY EXTRAORDINARY CASE OF FAILED SERVICE ON A FOREIGN DEFENDANT

May 30, 2024 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form, Serving documents

I am grateful to barrister Feliks Kwiatkowski for sending me a copy of the judgment  today of District Judge Lumb in Perisi -v- Secret Surgery Ltd & Dr Ahmed Eslaftawy, a copy of that judgment is available here  Perisi v…

COST BITES 154: SOLICITOR'S COSTS AND ESTIMATES: A CASE THAT EVERY PRIVATE CLIENT AND EVERY LITIGATOR SHOULD READ

COST BITES 154: SOLICITOR’S COSTS AND ESTIMATES: A CASE THAT EVERY PRIVATE CLIENT AND EVERY LITIGATOR SHOULD READ

May 30, 2024 · by gexall · in Assessment of Costs, Costs, Members Content

If ever there was a graphic warning of the way that costs can escalate beyond estimates it can be found in the judgment of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO).  The judge rejected…

"AN UNWIELDLY COLLECTION OF COURT DOCUMENTS":  A JUDGMENT THAT ENDS THE "BUNDLE DROUGHT"

“AN UNWIELDLY COLLECTION OF COURT DOCUMENTS”: A JUDGMENT THAT ENDS THE “BUNDLE DROUGHT”

May 30, 2024 · by gexall · in Applications, Bundles, Civil Procedure, Members Content

It has been six months since this blog featured a complaint about trial bundles. That barren period is ended by some observations of Costs Judge Leonard in Griffin v Kleyman & Co Solicitors Ltd *[2024] EWHC 1151 (SCCO).  The bundle…

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Recent Posts

  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…

Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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