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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION

CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION

May 19, 2025 · by gexall · in Avoiding negligence claims, Jurisdiction,, Limitation, Members Content, Service of the claim form, Serving documents

Today we are looking at a case that raises important issues.  The judge decided that calling someone gay is not defamatory. However here we are not concerned with the substantive issues but two procedural issues raised in the case. Firstly…

UNDUE HARDSHIP AND THE FOREIGN LIMITATION PERIODS ACT

December 4, 2016 · by gexall · in Applications, Jurisdiction,, Limitation, Members Content, Personal Injury, Uncategorized

The Foreign Limitation Periods Act 1984 is one of those matters that litigators must always have at the forefront of their mind when dealing with any matter that has a foreign connection.  The stringent nature of the Act is made…

STRIKING OUT FOR LACK OF JURISDICTION (OR HADRIAN'S WALL IS THERE FOR A PURPOSE YOU KNOW)

December 14, 2015 · by gexall · in Applications, Civil Procedure, Jurisdiction,, Members Content, Striking out, Uncategorized

The Court of Appeal decision in Cook -v- Virgin Media Limited [2015] EWCA Civ 1287 is one that needs to be read very carefully. It is one of those cases that could lead to a whole new branch of satellite…

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  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)

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