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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » July » 05
A MORE UNUSUAL "CLAIM FORM" ISSUE: CLAIMANT'S EARLIER UNSUCCESSFUL ATTEMPTS TO ISSUE WERE NOT EFFECTIVE AND ACTION WAS STATUTE BARRED: COURT OF APPEAL DECISION TODAY

A MORE UNUSUAL “CLAIM FORM” ISSUE: CLAIMANT’S EARLIER UNSUCCESSFUL ATTEMPTS TO ISSUE WERE NOT EFFECTIVE AND ACTION WAS STATUTE BARRED: COURT OF APPEAL DECISION TODAY

July 5, 2024 · by gexall · in Appeals, Extensions of time, Members Content

In Guo v Kinder & Others [2024] EWCA Civ 762 the Court of Appeal rejected an argument that the claimant’s earlier, unsuccessful, attempts to issue a claim form meant that the later claim form could be backdated.  The action was,…

POSTMASTERS' RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY

POSTMASTERS’ RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY

July 5, 2024 · by gexall · in Applications, Civil Procedure, Insolvency, Members Content

Normally when this blog looks at issues relating to insolvency it relates to procedural or other practical problems arising when a party is made insolvent. The judgment of HHJ Cawson KC in Secretary of State for Business and Trade v…

COST BITES 159: DEDUCTING COSTS FROM THE CLIENT'S DAMAGES: THE GOLDEN RULE - THAT THE CLIENT SHOULD BE KEPT INFORMED

COST BITES 159: DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: THE GOLDEN RULE – THAT THE CLIENT SHOULD BE KEPT INFORMED

July 5, 2024 · by gexall · in Appeals, Assessment of Costs, Costs, Costs budgeting, Members Content, Personal Injury

We are looking again at the judgment in  St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB).  The judge considered the question of whether the client had been informed that the budget had been exceeded and that the solicitors…

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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
CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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