SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT

SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT

July 6, 2026 · by · in Abuse of Process, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Default judgment,, Members Content, Relief from sanctions, Setting aside judgment, Striking out

This is a sorry tale. Someone who may have had a perfectly good claim for damages for personal injury has their case struck out because of  procedural mishaps by their own solicitors.   It all stems from a failure to serve…

BACK TO BASICS MONDAY (2): A SERIES OF CHECKLISTS TO HELP YOU WITH DRAFTING STATEMENTS FOR "CORPORATE" CLIENTS: THE SOURCE OF INFORMATION AND BELIEF

BACK TO BASICS MONDAY (2): A SERIES OF CHECKLISTS TO HELP YOU WITH DRAFTING STATEMENTS FOR “CORPORATE” CLIENTS: THE SOURCE OF INFORMATION AND BELIEF

July 6, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

The normal post on back to basics came out a day early (due to an “administrative” error).  However it does give us a chance to revisit the practical implications when a litigator has to draft a witness statement on behalf…