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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » January » 29
AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION

AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION

January 29, 2025 · by gexall · in Appeals, Civil Procedure, Members Content

The Court of Appeal decision in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 also dealt with an interesting point of procedure. The appellant company had been dissolved shortly before the appeal was heard.  The Court of…

FAILING TO SERVE THE CLAIM FORM IS NOT AN "ABUSE OF PROCESS" SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION

FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION

January 29, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Personal Injury, QOCS

We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…

AN APPLICATION - AND ORDER -  FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH

AN APPLICATION – AND ORDER – FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH

January 29, 2025 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form

It was possible that we could get to the end of January without a claim form case being reported. It was, however, unlikely.  A failure to serve was one of the many issues considered by the Court of Appeal in…

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Recent Posts

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Top Posts

CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
SERVICE POINTS 57: PRESENCE IN THE JURISDICTION, A LAST KNOWN ADDRESS AND THE COST OF GETTING IT WRONG: UNSUCCESFUL CLAIMANT FACES A COSTS BILL OF £500,000...

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