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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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THE MOTOR INSURERS BUREAU IS AN EMANATION OF THE STATE: IT IS LIABLE TO INDEMNIFY CLAIMANT INJURED BY AN "OFF ROAD" VEHICLE

THE MOTOR INSURERS BUREAU IS AN EMANATION OF THE STATE: IT IS LIABLE TO INDEMNIFY CLAIMANT INJURED BY AN “OFF ROAD” VEHICLE

September 20, 2018 · by gexall · in Access to justice, Civil Procedure, Judgment

I am grateful to  David Gauler of Thompsons, solicitors,  for sending me a copy of the judgment of Mr Justice Soole in Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB), a copy of which is available…

A DRAFT JUDGMENT IS NOT AN OPEN INVITATION TO TAKE A SECOND BITE AT THE CHERRY: AN OVERUSED TACTIC

A DRAFT JUDGMENT IS NOT AN OPEN INVITATION TO TAKE A SECOND BITE AT THE CHERRY: AN OVERUSED TACTIC

March 29, 2018 · by gexall · in Appeals, Applications, Judgment

In Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWHC 227 (TCC) Mr Justice Fraser made it clear that draft judgments were not to be taken as an invitation to the parties to embark on a second round of submissions….

SERVICE BY ALTERNATIVE MEANS, THE ABSENT DEFENDANT,  DEFAULT JUDGMENT AND COSTS: ABSENCE OF DEFENDANT DOESN'T CAUSE THE COURT TO MISS A GEAR

SERVICE BY ALTERNATIVE MEANS, THE ABSENT DEFENDANT, DEFAULT JUDGMENT AND COSTS: ABSENCE OF DEFENDANT DOESN’T CAUSE THE COURT TO MISS A GEAR

November 14, 2017 · by gexall · in Adjournments, Costs, Default judgment,, Judgment

In Pirtek (UK) Ltd v Jackson [2017] EWHC 2834 (QB) Mr Justice Warby considered several procedural issues.  These are of wider interest, particularly issues relating to the method of service, proceeding in the defendant’s absence, summary judgment and costs.  …

ABSENCE OF RISK ASSESSMENTS LEADS TO JUDGMENT FOR DEFENDANT BEING OVERTURNED: THE SECOND PART OF POWELL -v- WATFORD BOROUGH COUNCIL

ABSENCE OF RISK ASSESSMENTS LEADS TO JUDGMENT FOR DEFENDANT BEING OVERTURNED: THE SECOND PART OF POWELL -v- WATFORD BOROUGH COUNCIL

September 24, 2017 · by gexall · in Appeals, Disclosure, Judgment, Liability, Personal Injury

The first part of the decision of Mr Justice Jay in Powell -v- Watford Borough Council [2017] EWHC 2283 (QB)was considered in detail in the previous post.  Mr Justice Jay held that a peremptory order had not been complied with and the defence…

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

May 23, 2017 · by gexall · in Amendment, Appeals, Applications, Insurance, Judgment, Parties to actions

NB THIS DECISION WAS OVERTURNED BY THE SUPREME COURT IN Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 t In Cameron -v- Hussain [2017] EWCA Civ 366 the Court of Appeal (by a majority) considered the question whether a claimant…

THE DATE OF KNOWLEDGE UNDER SECTION 14A OF THE LIMITATION ACT: DELAY WHEN APPLYING TO SET JUDGMENT ASIDE

October 7, 2015 · by gexall · in Civil Procedure, Judgment, Limitation, Relief from sanctions, Uncategorized

In Blakemores LDP -v- Scott [2015] EWCA Civ 999 the Court of Appeal considered issues relating to date of knowledge for the purpose of  s.14A of the Limitation Act 1980 . The court also considered the impact of delay when…

SETTING ASIDE AN EARLIER ORDER: A WIDE AND UNFETTERED DISCRETION?

June 16, 2015 · by gexall · in Applications, Civil Procedure, Judgment

In Cole -v- Howlett [2015] EWHC 1697 (Ch) Mr Justice Peter Smith conducted detailed consideration of the power, and discretion, to review and set aside orders already made.  The judge agreed to set aside his earlier order striking out the…

DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE

May 24, 2015 · by gexall · in Applications, Civil Procedure, Judgment, Relief from sanctions

NB THIS DECISION HAS SINCE BEEN OVERTURNED BY A CHANGE IN THE RULES, SEE THE POST HERE. A claimant can enter judgment in default of acknowledgement of service.  What is the position if the acknowledgment of service is served late….

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