A SERVICE OF THE CLAIM FORM CASE WITH A TWIST IN THE TAIL: AND WHAT A TALE THIS IS...IT LEADS TO A LOT OF WASTED COSTS (AND A POTENTIAL WASTED COSTS ORDER)

A SERVICE OF THE CLAIM FORM CASE WITH A TWIST IN THE TAIL: AND WHAT A TALE THIS IS…IT LEADS TO A LOT OF WASTED COSTS (AND A POTENTIAL WASTED COSTS ORDER)

May 27, 2025 · by · in Appeals, Applications, Avoiding negligence claims, Members Content, Service of the claim form, Serving documents, Setting aside judgment

Today we are looking at a case about a failure to serve the claim form properly. The claimant did not consider whether they knew, or had served, on the defendant’s “last known residence”.   As a result a default judgment, order…

THE CURRENT IMPORTANCE OF PLEADINGS 12: A DEFENDANT IS NOT EXPECTED TO DIVINE THE NATURE OF THE CLAIMANT'S CASE

THE CURRENT IMPORTANCE OF PLEADINGS 12: A DEFENDANT IS NOT EXPECTED TO DIVINE THE NATURE OF THE CLAIMANT’S CASE

May 27, 2025 · by · in Case Management, Civil Procedure, Members Content, Statements of Case

Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute.  The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations.  However, at trial, the claimant…