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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » September » 12
PROVING THINGS 242: THE CLAIMANT WHO WAS GIVEN A SECOND CHANCE TO PROVE HIS DAMAGES CLAIM

PROVING THINGS 242: THE CLAIMANT WHO WAS GIVEN A SECOND CHANCE TO PROVE HIS DAMAGES CLAIM

September 12, 2024 · by gexall · in Appeals, Civil evidence, Damages, Members Content, Personal Injury

We are looking again at the judgment of Mr Justice Julian Knowles in Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB).  This was looked at earlier in relation to the trial judge’s observations about the wholly inadequate counter-schedule.   However…

PART 36: FIXED COSTS AND THE TRANSITIONAL PROVISIONS: DELAY IN ISSUING COSTS PROCEEDINGS MEANT THAT CLAIMANT'S COSTS WERE ASSESSED AT NIL

PART 36: FIXED COSTS AND THE TRANSITIONAL PROVISIONS: DELAY IN ISSUING COSTS PROCEEDINGS MEANT THAT CLAIMANT’S COSTS WERE ASSESSED AT NIL

September 12, 2024 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Fixed Costs, Members Content

In Bi -v- Tesco Underwriting Limited  HHJ Sephton KC found that the claimant’s delay in issuing costs proceedings meant that the costs were subject to the fixed costs provisions and should be assessed at nil.  I am grateful to barrister…

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