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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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APPLICATION TO ENFORCE A TRIBUNAL AWARD WAS MADE TO THE WRONG COURT AND WAS SET ASIDE: CPR 3.10 DID NOT ASSIST WHEN THERE WAS A FUNDAMENTAL ERROR GOING TO JURISDICTION

APPLICATION TO ENFORCE A TRIBUNAL AWARD WAS MADE TO THE WRONG COURT AND WAS SET ASIDE: CPR 3.10 DID NOT ASSIST WHEN THERE WAS A FUNDAMENTAL ERROR GOING TO JURISDICTION

August 15, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Enforcement, Members Content

Here we have a case where the claimant was found to have made a fundamental error of procedure when seeking to enforce an Employment Tribunal award. An application was made to the wrong court.  The County Court was the only court…

COST BITES 271: THE INABILITY TO RECOVER COSTS DOES NOT REPRESENT A BREACH OF HUMAN RIGHTS: THE POWER TO AWARD COSTS HAS TO BE GIVEN BY STATUTE

COST BITES 271: THE INABILITY TO RECOVER COSTS DOES NOT REPRESENT A BREACH OF HUMAN RIGHTS: THE POWER TO AWARD COSTS HAS TO BE GIVEN BY STATUTE

August 15, 2025 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

We are looking at costs issues in a slightly unusual context. A decision of the Administrative Court on the issue of whether Parliament had given a body the jurisdiction to make a costs order.  The judgment also considers some significant…

COST (MEGA) BITES 370 : WE WANT AN INTERIM PAYMENT ON COSTS OF £3.75 MILLION - BUT WE DON'T WANT TO GIVE A DETAILED BREAKOWN OF WHY: COURT OF APPEAL CONSIDERS THE ISSUES

COST (MEGA) BITES 370 : WE WANT AN INTERIM PAYMENT ON COSTS OF £3.75 MILLION – BUT WE DON’T WANT TO GIVE A DETAILED BREAKOWN OF WHY: COURT OF APPEAL CONSIDERS THE ISSUES

August 15, 2025 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Costs, Interim Payments, Members Content

It is rare for the Court of Appeal to give a detailed judgment on costs. It is even rarer for it to consider the principles relating to interim payments on account of costs.  This is what we are looking at…

THE CURRENT IMPORTANCE OF PLEADINGS 29: THE DUTIES INVOLVED WHEN PLEADING FRAUD: CLAIMANT'S ALLEGATIONS THAT WERE "MORE CONSISTENT WITH HONESTY" ON THE PART OF THE DEFENDANT

THE CURRENT IMPORTANCE OF PLEADINGS 29: THE DUTIES INVOLVED WHEN PLEADING FRAUD: CLAIMANT’S ALLEGATIONS THAT WERE “MORE CONSISTENT WITH HONESTY” ON THE PART OF THE DEFENDANT

August 15, 2025 · by gexall · in Amendment, Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Witness statements

Here we are looking at a case where the claimant applied for permission to amend its Particulars so it could plead fraud. The application was refused.  It is a reminder of the onerous duties on a party when proposing to…

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  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
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