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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 27
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 gexall · 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 gexall · 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…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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