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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » December » 11
ANOTHER (WELL HIDDEN) CHANGE IN THE SPECIAL ACCOUNT RATE: REDUCED TO 4.75%

ANOTHER (WELL HIDDEN) CHANGE IN THE SPECIAL ACCOUNT RATE: REDUCED TO 4.75%

December 11, 2024 · by gexall · in Damages, Members Content, Personal Injury, Useful links

I am grateful to Barrister Matthew White for pointing out that the Courts Funds Office has reduced the special account rate from 5% to 4.75% from 6/12/24. MATHEW’S SPECIAL DAMAGES INTEREST CALCULATOR Mathew’s special damages interest calculator reflects the change….

IT IS NEVER TOO LATE IN THE YEAR FOR A NEW CLAIM FORM CASE: COURT OF APPEAL OVERTURN ORDER EXTENDING TIME FOR SERVICE

IT IS NEVER TOO LATE IN THE YEAR FOR A NEW CLAIM FORM CASE: COURT OF APPEAL OVERTURN ORDER EXTENDING TIME FOR SERVICE

December 11, 2024 · by gexall · in Appeals, Civil Procedure, Extensions of time, Members Content, Service of the claim form, Serving documents

In Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 the Court of Appeal overturned a decision that granted a claimant an extension of time for service of the claim form.  The case is…

ACTIONS OF TWO CLAIMANTS STRUCK OUT BECAUSE THEIR WITNESS STATEMENTS WERE IN ENGLISH AND THEY COULD NOT SPEAK ENGLISH: "THE SOLICITORS HAVE NOT DONE THEIR DUTY APPROPRIATELY"

ACTIONS OF TWO CLAIMANTS STRUCK OUT BECAUSE THEIR WITNESS STATEMENTS WERE IN ENGLISH AND THEY COULD NOT SPEAK ENGLISH: “THE SOLICITORS HAVE NOT DONE THEIR DUTY APPROPRIATELY”

December 11, 2024 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Members Content, Striking out, Witness statements

We are returning to the judgment of Mr Justice Martin Spencer in Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB). More accurately we are looking at a preliminary judgment in the case which appears as an annexe to…

COURT OF APPEAL FIND THAT CLAIMANT'S ACTION AGAINST "WRONG" DEFENDANT SHOULD NOT HAVE BEEN STRUCK OUT: PERMISSION TO AMEND THE CLAIM SHOULD HAVE BEEN GIVEN

COURT OF APPEAL FIND THAT CLAIMANT’S ACTION AGAINST “WRONG” DEFENDANT SHOULD NOT HAVE BEEN STRUCK OUT: PERMISSION TO AMEND THE CLAIM SHOULD HAVE BEEN GIVEN

December 11, 2024 · by gexall · in Amendment, Appeals, Applications, Members Content, Striking out

I am grateful to barrister James Patience for sending me a copy of the Court of Appeal judgment in ELYSA ALTON  and – POWSZECHNY ZAKLAD UBEZPIECZEN [2024] EWCA Civ 1435. The Court of Appeal upheld the decision of a Circuit…

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