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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Extensions of time » Page 4

EXTENDING TIME FOR SERVICE OF A CLAIM FORM: PROSECCO MAY HELP

May 12, 2016 · by gexall · in Appeals, Extensions of time, Insolvency, Members Content, Service of the claim form, Uncategorized

There have been numerous cases relating to extension of the claim form on this blog. I can’t remember one which ended well for the claimant.  However the claimant was successful in the Instone -v- Prosecco (Leeds) LImited [2016] EW Misc…

LATE SERVICE OF NOTICE OF APPEAL: COUNSEL'S ERROR DOES NOT AMOUNT TO A GOOD REASON

May 5, 2016 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions, Uncategorized

In the judgment today in Turner -v- South Cambridgeshire District Council [2016] EWHC 1017(Admin)Mr Justice Warby considered the Denton guidance in relation to an application to appeal out of time. Among other factors he rejected the idea that an error…

"IN TIME" APPLICATION TO EXTEND TIME FOR PEREMPTORY ORDER REFUSED: CLAIM STRUCK OUT

April 15, 2016 · by gexall · in Applications, Civil Procedure, Extensions of time, Members Content, Peremptory orders, Relief from sanctions, Uncategorized

I am grateful to Charles Bagot of Hardwicke Chambers for bringing my attention to the decision in Kranniqi -v- Watford Timber Company Ltd (District Judge Parfitt 13/04/2016). It is a working example of (i)the dangers of failing to comply with…

DENTON DOES NOT APPLY TO DELAY IN PROVISIONAL ASSESSMENT

March 5, 2016 · by gexall · in Applications, Assessment of Costs, Case Management, Costs, Extensions of time, Members Content, Relief from sanctions, Uncategorized

I am grateful to Simon Anderson of Park Square Barristers for his note of the judgment of Deputy District Judge Hill yesterday (4th March 2016) in the case of Martin -v- The Leeds Teaching Hospitals NHS Trust. This decision is…

THERE IS NO SPECIAL RULE FOR PUBLIC AUTHORITIES: SECRETARY OF STATE NOT GRANTED PERMISSION TO APPEAL OUT OF TIME

March 3, 2016 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions, Uncategorized

The previous post emphasised the point that state agencies have no preferred status when it comes to compliance with rules and relief from sanctions. This point was made clear again by the Court of Appeal judgment in The Secretary of…

EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: A RISKY BUSINESS

January 28, 2016 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil Procedure, Extensions of time, Members Content, Service of the claim form, Uncategorized

In Medhi Kohsravi -v- British American Tobacco PLC [2016] EWHC 123 (QB)Sir David Eady stated that he would have set aside an order extending time for service of the claim form. It is a timely warning that obtaining an extension…

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