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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

  • WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 9th SEPTEMBER 2026: USEFUL GUIDANCE, CHECKLISTS AND QUESTIONNAIRES
  • SHOULD (OR CAN) THE COURT MAKE AN ORDER FOR PRE-ACTION DISCLOSURE WHEN THE PROPOSED DEFENDANT IS BASED IN ITALY? ANOTHER PAD APPLICATION COMES TO GRIEF…
  • THROWBACK FRIDAY:”WITNESS STATEMENTS: WHEN THINGS GO WRONG BLAME THE SOLICITOR” (SEPTEMBER 2016)
  • SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT
  • COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?

Top Posts

SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?
DEALING WITH FISH FILES, PROCRASTINATION AND DELAY: THE LITIGATOR'S FRIEND: A REMINDER OF USEFUL LINKS, POSTS AND GUIDANCE AND SOME USEFUL CHECKLISTS
WITNESS EVIDENCE WEDNESDAY: "BACKDATING LETTERS" TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)
COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)
ADVOCACY THE JUDGE'S VIEW SERIES 4: A RECAP OF THE PREVIOUS SERIES AND THE DEADLY SINS OF ADVOCATES: DON'T BE CONFUSING OR BORING

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