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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » March » 12
COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY...)

COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY…)

March 12, 2025 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Service of the claim form, Serving documents

In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …

PREPARING BUNDLES: A FREE ONLINE TOOL THAT MAY WELL HELP:  INTRODUCING "BUNTOOL"

PREPARING BUNDLES: A FREE ONLINE TOOL THAT MAY WELL HELP: INTRODUCING “BUNTOOL”

March 12, 2025 · by gexall · in Bundles, Case Management, Civil Procedure, Members Content, Useful links

The last few weeks have seen a number of cases where judges have been critical (if not despairing) at the quality of the the bundles used at trials and applications.  My attention has been drawn to “BunTool” a free online…

HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS

HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS

March 12, 2025 · by gexall · in Civil Procedure, Members Content, Useful links

HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim.   THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…

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  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
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  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…
  • INTEREST ON DAMAGES: (1) GENERALLY; (2) AFTER THE DEFENDANT FAILS TO BEAT A PART 36 OFFER: THERE IS NO NEED TO FIND DISHONESTY OR SERIOUS CONDUCT TO AWARD ENHANCED INTEREST
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Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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