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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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