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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS

SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS

September 20, 2024 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service.  The court had little, if any, sympathy for the…

CLAIMANT FAILS IN APPLICATION TO HAVE APPEAL JUDGMENT SET ASIDE: THE SOLICITOR SHOULD HAVE NOTICED THE APPEAL HAD BEEN LISTED: LATE SERVICE MEANS COSTS BUDGET WAS ASSESSED AT NIL

September 20, 2024 · by gexall · in Appeals, Applications, Avoiding negligence claims, Costs budgeting, Members Content, Relief from sanctions

The judgment of Mrs Justice Hill in Deng v Zhang & Anor [2024] EWHC 2392 (KB) shows a case with a whole history of errors and mishaps.  The claimant failed to file a cost budget in time but obtained relief…

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Top Posts

  • BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
  • THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN "UNFOCUSED" MANNER: A "MOVEABLE FEAST" IS NOT A WISE WAY TO CONDUCT LITIGATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 67 : YOU CANNOT RELY ON THE DEFENDANTS' ALLEGED SILENCE AS AN EXCUSE TO ATTEMPT AN UNPLEADED CASE THROUGH THE BACK DOOR
  • CHILD CLAIMANTS AND LOSS OF EARNINGS CLAIMS: WEBINAR 20th APRIL 2026: NOW WITH GREATLY EXPANDED QUESTIONNAIRE
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP - BUT HINDER: "I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT'S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME"

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