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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE POINTS 24: THE DEFENDANTS' FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM

SERVICE POINTS 24: THE DEFENDANTS’ FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM

November 21, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents

One of the the issues that has arisen several times this year relates to whether there is an obligation on a defendant, who wishes to dispute the issue of service,  to make an application under CPR Part 11.   This is…

INTEREST ON PART 36 OFFERS: HOW SHOULD IT BE CALCULATED? GIVING THE CLAIMANT INTEREST ON COSTS BEFORE THEY WERE ACTUALLY INCURRED IS NOT AN ABSURDITY

INTEREST ON PART 36 OFFERS: HOW SHOULD IT BE CALCULATED? GIVING THE CLAIMANT INTEREST ON COSTS BEFORE THEY WERE ACTUALLY INCURRED IS NOT AN ABSURDITY

November 21, 2025 · by gexall · in Applications, Civil Procedure, Costs, Interest, Members Content, Part 36, Personal Injury

This is an interesting Part 36 issue in a case where the claimant had beaten its own Part 36 offer.  The court made an order for additional interest from the date of expiry of the offer.  Does the defendant have…

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  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
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  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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