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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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JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON'T SAY SO BUT COMMON SENSE DOES

JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON’T SAY SO BUT COMMON SENSE DOES

January 28, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Parties to actions

There are a few interesting procedural matters that flow from the decision of HHJ Kimbell QC (sitting as a High Court judge) in  Molavi v Hibbert & Ors [2020] EWHC 121 (Ch).  Here we look at the judge’s comments on…

LITIGATION: NO DUTY TO THE OTHER SIDE IN LITIGATION TO PUT FORWARD YOUR BEST EVIDENCE

LITIGATION: NO DUTY TO THE OTHER SIDE IN LITIGATION TO PUT FORWARD YOUR BEST EVIDENCE

December 10, 2019 · by gexall · in Appeals, Parties to actions, Professional negligence,

The Court of Appeal judgment this morning in  Revenue And Customs v Charles (t/a Boston Computer Group Europe) [2019] EWCA Civ 2176 contains some important observations in relation to the duties that litigating parties owe to each other.   “If…

ANONYMOUS LITIGANT REFUSED RELIEF FROM SANCTIONS: "ALL THE CIRCUMSTANCES OF THE CASE MILITATE AGAINST GRANTING THE CLAIMANT RELIEF"

ANONYMOUS LITIGANT REFUSED RELIEF FROM SANCTIONS: “ALL THE CIRCUMSTANCES OF THE CASE MILITATE AGAINST GRANTING THE CLAIMANT RELIEF”

November 14, 2019 · by gexall · in Applications, Civil evidence, Civil Procedure, Parties to actions, Relief from sanctions

In ABC v Google LLC [2019] EWHC 3020 (QB) Mr Justice Pushpinder Saini refused an (anonymous) claimants application for relief from sanctions.  The case has some unusual features, however it does highlight the point that a relief from sanctions application…

A STRATEGY WHEN SETTLEMENT IS REACHED WITH SOME, BUT NOT ALL, DEFENDANTS

A STRATEGY WHEN SETTLEMENT IS REACHED WITH SOME, BUT NOT ALL, DEFENDANTS

December 13, 2018 · by gexall · in Applications, Costs, Parties to actions

An earlier post dealt with the judgment in  McDermott -v- Inhealth Limited (19/07/2018) in relation to costs liability when a claimant settled against some, but not all, defendants in a clinical negligence case. That judgment was sent to me by Thomas Riis-Bristow, Associate…

SUING THE WRONG DEFENDANT? SHOULD HAVE GONE TO SPECSAVERS?

SUING THE WRONG DEFENDANT? SHOULD HAVE GONE TO SPECSAVERS?

November 13, 2017 · by gexall · in Amendment, Civil Procedure, Parties to actions

It is always embarrassing to find out you are suing the wrong defendant and have to apply for substitution (although we have looked at cases in which the wrong claimant has issued proceedings).  This issue was considered by Mr Justice…

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 DEAD CAN'T SUE: AN IMPORTANT REMINDER

November 26, 2016 · by gexall · in Applications, Civil Procedure, Group Litigation Orders, Parties to actions, Striking out, Uncategorized

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very…

A POTENTIAL BENEFICIARY CANNOT BRING AN ACTION ON BEHALF OF AN ESTATE

January 14, 2016 · by gexall · in Applications, Parties to actions, Uncategorized

The facts in Haastrup -v- Okorie [2016] EWHC 12 (Ch) are somewhat complex. However they do bring home some important matters in relation to the need to have capacity to bring proceedings on behalf of an estate.  The judgment of…

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