SERVICE POINTS 46: A CLAIMANT WHO HAS NOT SERVED THE CLAIM FORM IN TIME CANNOT RELY ON CPR 6.15 OR 6.16: ANOTHER ACTION COMES TO GRIEF...

SERVICE POINTS 46: A CLAIMANT WHO HAS NOT SERVED THE CLAIM FORM IN TIME CANNOT RELY ON CPR 6.15 OR 6.16: ANOTHER ACTION COMES TO GRIEF…

June 11, 2026 · by · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

This case emphasises a number of important points about service: (1) There is always a duty on a claimant to serve the claim form in time, no matter what type of proceedings; (2) when a claim form has not been…

PARTS OF A DEFENCE WERE STRUCK OUT AS AN ABUSE OF PROCESS: THE DEFENDANT COULD NOT ATTEMPT TO REARGUE FACTUAL ISSUES THAT HAD BEEN DETERMINED BY A TRIBUNAL

PARTS OF A DEFENCE WERE STRUCK OUT AS AN ABUSE OF PROCESS: THE DEFENDANT COULD NOT ATTEMPT TO REARGUE FACTUAL ISSUES THAT HAD BEEN DETERMINED BY A TRIBUNAL

June 11, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Striking out

Here we have a case where parts of a defence were struck out, in relation to two of the claimants, because of issue estoppel. The defence was trying to re-argue factual issues which had already been determined by a tribunal. …

PROVING THINGS 290: THE DEFENDANT HAS SUFFERED A LOSS BUT HAS NOT BROUGHT ANY EVIDENCE TO COURT TO PROVE IT...

PROVING THINGS 290: THE DEFENDANT HAS SUFFERED A LOSS BUT HAS NOT BROUGHT ANY EVIDENCE TO COURT TO PROVE IT…

June 11, 2026 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content

It is wise to remember that a counterclaiming defendant has the same evidential burden in proving loss as a claimant.  Here the judge found that claimant in breach of duty – but found that there was insufficient evidence to prove…

THE COURT PREVENTED THE DEFENDANTS FROM MAKING ANY FURTHER APPLICATIONS IN THE CASE UNTIL THEY HAD COMPLIED WITH PREVIOUS COURT ORDERS: A PROPORTIONATE USE OF THE COURT'S CASE MANAGEMENT POWERS

THE COURT PREVENTED THE DEFENDANTS FROM MAKING ANY FURTHER APPLICATIONS IN THE CASE UNTIL THEY HAD COMPLIED WITH PREVIOUS COURT ORDERS: A PROPORTIONATE USE OF THE COURT’S CASE MANAGEMENT POWERS

June 11, 2026 · by · in Applications, Case Management, Civil Procedure, Costs, Members Content

Here we have a case where the court considered, in detail, the appropriate response of the court when a party had failed to comply with previous court orders as to payment of costs.  The result was that the defendants in…