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…
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
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…
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
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…


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