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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » August » 14

CLAIMANT’S FAILURE TO PAY COSTS LEADS TO PEREMPTORY ORDER BEING MADE: PUT UP OR SHUT UP…

August 14, 2024 · by gexall · in Applications, Members Content, Peremptory orders

In Ceto Shipping Corporation v Savory Shipping Inc [2024] EWHC 1897 (Comm) Mr Justice Butcher made a peremptory order following the claimant’s failure to pay costs that had been ordered in interlocutory applications and in other related proceedings. “In the…

STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE

STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE

August 14, 2024 · by gexall · in Abuse of Process, Applications, Avoiding negligence claims, Members Content, Striking out

In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles…

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  • THE CURRENT IMPORTANCE OF PLEADINGS 50: A CHANGE OF COUNSEL IS NOT A GOOD REASON TO PERMIT AMENDED PLEADINGS(AKA WHY FAMILY LAWYERS NEED TO READ THIS SERIES...)
  • COST BITES 334: CAN A CLAIMANT OBTAIN INTEREST ON COSTS EVEN WHEN COSTS HAVE NOT BEEN PAID BECAUSE THE MATTER IS FUNDED BY USING A CONDITIONAL FEE AGREEMENT?
  • WITNESS EVIDENCE WEDNESDAY: A ROBUST OVERTURNING OF THE APPROACH TO THE WITNESS EVIDENCE AT FIRST INSTANCE: "GENERALISED FINDINGS ON CREDIBILITY ARE NOT A USEFUL TOOL FOR RESOLVING SPECIFIC ISSUES OF FACT"
  • THE CURRENT IMPORTANCE OF PLEADINGS 51: TOO LATE TO AMEND A REPLY WHICH WAS INADEQUATELY PARTICULARISED IN ANY EVENT
  • COURT REFUSES DEFENDANT'S APPLICATION FOR THE ADJOURNMENT OF A SUMMARY JUDGMENT APPLICATION: YOU HAVE NO RIGHT TO TAKE PART IN THE HEARING SO WHY SHOULD THE APPLICATION BE GRANTED?

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