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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2024 » November » 27
CLAIMANT BEATS HIS OWN "NON MONETARY" OFFER: PART 36 CONSEQUENCES FOLLOW: INDEMNITY COSTS BECAUSE OF CONDUCT

CLAIMANT BEATS HIS OWN “NON MONETARY” OFFER: PART 36 CONSEQUENCES FOLLOW: INDEMNITY COSTS BECAUSE OF CONDUCT

November 27, 2024 · by gexall · in Costs, Members Content, Part 36

In Grierson v Grierson [2024] EWHC 3048 (Ch) Joanne Wicks KC (sitting as a Deputy Judge of the High Court) found that a claimant had made a Part 36 offer which the defendant had failed to beat. The offer was…

PROVING THINGS 251: TRIAL JUDGE FINDS THAT DEFENDANT'S LETTER WAS NOT WRITTEN CONTEMPORANEOUSLY AND CONCOCTED IN AN ATTEMPT TO EXCULPATE

PROVING THINGS 251: TRIAL JUDGE FINDS THAT DEFENDANT’S LETTER WAS NOT WRITTEN CONTEMPORANEOUSLY AND CONCOCTED IN AN ATTEMPT TO EXCULPATE

November 27, 2024 · by gexall · in Civil evidence, Conduct, Members Content, Witness statements

The judgment of HHJ Berkley in Melia & Anor v Tamlyn And Son ltd [2024] EWHC 3002 (Ch) has a number of interesting aspects in relation to the assessment of evidence.  One of those things is the judge’s rejection of…

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Recent Posts

  • SERVICE POINTS 24: THE DEFENDANTS’ FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM
  • INTEREST ON PART 36 OFFERS: HOW SHOULD IT BE CALCULATED? GIVING THE CLAIMANT INTEREST ON COSTS BEFORE THEY WERE ACTUALLY INCURRED IS NOT AN ABSURDITY
  • AND THEY KEEP ON COMING… ANOTHER FALSE CITATIONS CASE: “I RELIED ON THE AI OVERVIEW” FROM GOOGLE
  • THE CURRENT IMPORTANCE OF PLEADINGS 38: PARTICULARS OF CLAIM IN A £3,000,000 CLAIM STRUCK OUT: THE COURT USES A “CARROT AND STICK” APPROACH TO DEFECTIVE PLEADINGS
  • ANOTHER FALSE AND “HALLUCINATED” CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE

Top Posts

  • INTEREST ON PART 36 OFFERS: HOW SHOULD IT BE CALCULATED? GIVING THE CLAIMANT INTEREST ON COSTS BEFORE THEY WERE ACTUALLY INCURRED IS NOT AN ABSURDITY
  • SERVICE POINTS 24: THE DEFENDANTS' FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM
  • AND THEY KEEP ON COMING... ANOTHER FALSE CITATIONS CASE: "I RELIED ON THE AI OVERVIEW" FROM GOOGLE
  • ANOTHER FALSE AND "HALLUCINATED" CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE
  • THE CURRENT IMPORTANCE OF PLEADINGS 38: PARTICULARS OF CLAIM IN A £3,000,000 CLAIM STRUCK OUT: THE COURT USES A "CARROT AND STICK" APPROACH TO DEFECTIVE PLEADINGS

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