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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY "COURTING DISASTER" HAD BROUGHT THIS SITUATION ON THEMSELVES.

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY “COURTING DISASTER” HAD BROUGHT THIS SITUATION ON THEMSELVES.

July 22, 2021 · by gexall · in Applications, Electronic service,, Members Content, Relief from sanctions, Service of the claim form

We see a classic mistake as to service of the claim form in the judgment of Mr Justice Fraser in LSREF 3 Tiger Falkirk Ltd I S.a.r.l & Anor v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC). The claimant…

A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL

March 1, 2016 · by gexall · in Applications, Disclosure, Electronic service,, Members Content, Proportionality, Uncategorized

The decision of Mr Justice Foskett  in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments…

SERVICE BY EMAIL IS GOOD SERVICE: FAMILY COURT DECISION

January 14, 2016 · by gexall · in Applications, Electronic service,, Members Content, Service of the claim form, Serving documents, Uncategorized

Issues of electronic service are still relatively novel.  Some interesting issues were addressed by Mostyn J in Maughan -v- Wilmot [2015] EWHC 29 (Fam).  This is a family case where important observations are made in relation to service by email…

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