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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIMANT'S PART 36 OFFER ON LIABILITY NOT EFFECTIVE WHEN CAUSATION WAS STILL AT LARGE: NOT AN EFFECTIVE TRY

CLAIMANT’S PART 36 OFFER ON LIABILITY NOT EFFECTIVE WHEN CAUSATION WAS STILL AT LARGE: NOT AN EFFECTIVE TRY

June 14, 2024 · by gexall · in Civil Procedure, Members Content, Part 36, Personal Injury

In Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB) Mr Justice Sweeting found that a claimant’s Part 36 offer to accept 75% of liability was too ambiguous to be effective when issues of causation were also to be…

IS ANYTHING IMPORTANT HAPPENING ON THE 4TH JULY? WEBINAR ON CONTRIBUTORY NEGLIGENCE - RECENT CASES

IS ANYTHING IMPORTANT HAPPENING ON THE 4TH JULY? WEBINAR ON CONTRIBUTORY NEGLIGENCE – RECENT CASES

June 14, 2024 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

There is a danger that this webinar may be overshadowed by other events on the day.  This webinar considers the law and practice in relation to contributory negligence.  Booking details are available here.    THE WEBINAR The webinar considers the…

SERVICE OF THE CLAIM FORM ISSUES ONE: WHEN CAN YOU (AND WHEN MUST YOU) SERVE ON A NOMINATED SOLICITOR?

SERVICE OF THE CLAIM FORM ISSUES ONE: WHEN CAN YOU (AND WHEN MUST YOU) SERVE ON A NOMINATED SOLICITOR?

June 14, 2024 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

There has not been a case on (mis)service of the claim form on this blog for 14 days now. It may be an appropriate time to go back to one of the problem areas – service on a solicitor. There…

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Recent Posts

  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026
  • THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
  • THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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