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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL

DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL

February 24, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…

A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST...)

A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST…)

February 24, 2025 · by gexall · in Applications, Members Content, Witness statements

We are returning to the judgment of Senior Master Cook in  Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB).  The Master observed that the witness evidence served in support of the claimant’s application went…

A PARTY CAN'T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED...

A PARTY CAN’T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED…

February 24, 2025 · by gexall · in Applications, Civil Procedure, Interim Payments, Members Content

In  Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late.  The fundamental problem with the claimant’s submission…

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