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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 06
COURT REFUSES DEFENDANT SOLICITORS APPLICATION FOR SUMMARY JUDGMENT: THE ONGOING CONSEQUENCES OF FAILING TO SERVE A CLAIM FORM PROMPTLY

COURT REFUSES DEFENDANT SOLICITORS APPLICATION FOR SUMMARY JUDGMENT: THE ONGOING CONSEQUENCES OF FAILING TO SERVE A CLAIM FORM PROMPTLY

May 6, 2025 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form, Summary judgment

The case we are looking at today involves the consequences, for the solicitors, of failing to serve a claim form. In an earlier case extensions of time for service of a claim form were set aside.   The client instructed new…

DOES AN  ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED

DOES AN ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED

May 6, 2025 · by gexall · in Amendment, Applications, Avoiding negligence claims, Members Content, Service of the claim form

If a claimant serves a “amended” claim form that has not been resealed does that amount to good service? That issue was considered in the case we are considering today.  The result is of considerable practical significance. However it pays…

THE ROLE OF LEADING COUNSEL IN RELATION TO EXPERT REPORTS AND WITNESS STATEMENTS: A CLIENT CAN PAY FOR WHAT THEY WANT, BUT THESE COSTS WILL NOT BE RECOVERABLE INTER PARTES

THE ROLE OF LEADING COUNSEL IN RELATION TO EXPERT REPORTS AND WITNESS STATEMENTS: A CLIENT CAN PAY FOR WHAT THEY WANT, BUT THESE COSTS WILL NOT BE RECOVERABLE INTER PARTES

May 6, 2025 · by gexall · in Assessment of Costs, Case Management, Civil evidence, Costs, Costs budgeting, Members Content

How far should leading counsel, or counsel generally, be involved in the preparation of expert reports and witness statements?   One obvious reply is “not at all”, given that the evidence should come from the expert or witness.  These issues were…

COST BITES 236 : COSTS BUDGETING CAN BE RETROSPECTIVE : BUDGET CONSIDERED FROM THE DATE OF THE CCMC NOT 11 MONTHS LATER

COST BITES 236 : COSTS BUDGETING CAN BE RETROSPECTIVE : BUDGET CONSIDERED FROM THE DATE OF THE CCMC NOT 11 MONTHS LATER

May 6, 2025 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Costs, Costs budgeting, Members Content

Can the court ever set a costs budget retrospectively?  In this case the judge held that it could, further there were good reasons for doing so in this case.   “I do not accept that the Court is unable to…

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Recent Posts

  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
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