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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 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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