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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » March » 11
COURT REFUSES CLAIMANT'S APPLICATION TO ABRIDGE TIME FOLLOWING LATE SERVICE OF AN OFFER: "THERE IS A POLICY INCENTIVE IN REQUIRING LITIGANTS TO MAKE TIMELY PART 36 OFFERS"

COURT REFUSES CLAIMANT’S APPLICATION TO ABRIDGE TIME FOLLOWING LATE SERVICE OF AN OFFER: “THERE IS A POLICY INCENTIVE IN REQUIRING LITIGANTS TO MAKE TIMELY PART 36 OFFERS”

March 11, 2025 · by gexall · in Civil Procedure, Members Content, Part 36

The judgment in Henderson & Jones Ltd v Price [2020] EWHC 3276 (Ch) was given in October 2020, but has only recently arrived on BAILII. It concerns late service of a Part 36 offer.  This is an issue rarely considered…

"THIS IS AN UNUSUAL PROBATE CLAIM IN THAT THE DECEASED SAYS SHE IS VERY MUCH ALIVE": A CHAOTIC TRIAL WHERE NO-ONE SEEMS TO HAVE THE SAME PAGINATION IN THE BUNDLES: AND THATS NOT EVEN HALF OF THE PROBLEMS...

“THIS IS AN UNUSUAL PROBATE CLAIM IN THAT THE DECEASED SAYS SHE IS VERY MUCH ALIVE”: A CHAOTIC TRIAL WHERE NO-ONE SEEMS TO HAVE THE SAME PAGINATION IN THE BUNDLES: AND THATS NOT EVEN HALF OF THE PROBLEMS…

March 11, 2025 · by gexall · in Avoiding negligence claims, Bundles, Case Management, Members Content

 The past few weeks have led to a number of cases about bundles. My working theory about trial and application bundles is that problematic bundles often reflect a  much deeper malaise in the case itself.   Support for that theory can…

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  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE
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