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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.
Browse: Home » Striking out
WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

March 12, 2021 · by gexall · in Abuse of Process, Applications, Striking out, Witness statements

The judgment of Mr Justice Francis in Brack v Brack [2020] EWHC 2142 (Fam) is an example of a case where the judge has the opportunity to see a draft statement and a final statement.  The judge struck out an…

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

UNLESS ORDER MADE WHEN THE CLAIMANT HAD NOT PAID AN INTERLOCUTORY ORDER FOR COSTS

March 1, 2021 · by gexall · in Civil Procedure, Costs, Peremptory orders, Striking out, Summary assessment,

In Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) Deputy Master Hill QC made a peremptory order that the claimant pay an order for costs.  However that payment was to be by instalments.  There is a useful review…

AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL

AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL

February 25, 2021 · by gexall · in Appeals, Civil Procedure, Court fees, Limitation, Striking out

The issue of non-payment, or under-payment, of court fees was considered by the Court of Appeal in the judgment today in  Butters & Anor v Hayes [2021] EWCA Civ 252. THE CASE During the course of an action the court…

YOU CANNOT USE A REPLY TO PLEAD MATTERS THAT SHOULD HAVE BEEN IN THE PARTICULARS OF CLAIM

YOU CANNOT USE A REPLY TO PLEAD MATTERS THAT SHOULD HAVE BEEN IN THE PARTICULARS OF CLAIM

February 16, 2021 · by gexall · in Amendment, Applications, Statements of Case, Striking out

About ten minutes ago I sent off the material for a webinar I am giving tomorrow on drafting statements of case. Inevitably, therefore, a new and relevant case arrived on BAILLI* [the material was subsequently amended to include this] . …

FAILURE TO COMPLY WITH CIVIL PROCEDURE RULES AND PAY CORRECT COURT FEE CAN (BUT DIDN'T) LEAD TO AN ACTION BEING STRUCK OUT

FAILURE TO COMPLY WITH CIVIL PROCEDURE RULES AND PAY CORRECT COURT FEE CAN (BUT DIDN’T) LEAD TO AN ACTION BEING STRUCK OUT

February 9, 2021 · by gexall · in Civil Procedure, Court fees, Striking out

In  Udeshi & Ors v Sieratzki [2021] EWHC 213 (Ch) Master Kaye considered an argument that a failure to pay the correct fee, and other breaches of the CPR, should lead to an action being struck out.  Given that the…

STRIKING OUT A MULTI-PARTY CASE AS AN ABUSE OF PROCESS: WHEN CASE MANAGEMENT IS "AKIN TO TRYING TO BUILD A HOUSE OF CARDS IN A WIND TUNNEL"

STRIKING OUT A MULTI-PARTY CASE AS AN ABUSE OF PROCESS: WHEN CASE MANAGEMENT IS “AKIN TO TRYING TO BUILD A HOUSE OF CARDS IN A WIND TUNNEL”

November 9, 2020 · by gexall · in Abuse of Process, Striking out

Returning to the substantive issue in the judgment of Turner J in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC). The judge struck out the claims of 202,600 claimants on the grounds that…

CIVIL LITIGATION BRIEF 25 YEARS AGO:  A QUARTER OF A CENTURY OF CIVIL PROCEDURE

CIVIL LITIGATION BRIEF 25 YEARS AGO: A QUARTER OF A CENTURY OF CIVIL PROCEDURE

September 25, 2020 · by gexall · in Civil Procedure, Striking out

Nobody knew what a “blog” was 25 years ago. However at that time Civil Litigation Brief  did exist, it was a monthly column in the Solicitors Journal.  It is interesting to see how much (or how little) matters have moved…

CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED...

CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED…

September 22, 2020 · by gexall · in Amendment, Applications, Damages, Striking out, Summary judgment

The judgment of Mrs Justice Jefford in The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP [2020] EWHC 2430 (TCC) shows the necessity of being able to particularise a claim for damages. What it demonstrates is that, in claims…

CASE WOULD NOT HAVE BEEN STRUCK OUT BECAUSE OF THE ABSENCE OF A LETTER BEFORE ACTION AND INCORRECT USE OF THE PART 8 PROCEDURE

CASE WOULD NOT HAVE BEEN STRUCK OUT BECAUSE OF THE ABSENCE OF A LETTER BEFORE ACTION AND INCORRECT USE OF THE PART 8 PROCEDURE

August 10, 2020 · by gexall · in Abuse of Process, Striking out

In Halal Meat Sellers Committee Ltd & Anor v HMC (UK) Ltd [2020] EWHC 2190 (Comm) the court struck out the claimants’ claim as an abuse of process. It is interesting to note that the court indicated that there were…

PROVING THINGS 178: PROVING PREJUDICE: THE NEED FOR SPECIFIC EVIDENCE

PROVING THINGS 178: PROVING PREJUDICE: THE NEED FOR SPECIFIC EVIDENCE

August 5, 2020 · by gexall · in Appeals, Civil evidence, Striking out

There is another aspect of the Court of Appeal decision in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 that justifies closer examination.  That is the court’s observations on the judge’s finding of prejudice.  The Court of Appeal…

USING RTA PROTOCOL AND PART 8 PROCEDURE INAPPROPRIATELY DID NOT LEAD TO ACTION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

USING RTA PROTOCOL AND PART 8 PROCEDURE INAPPROPRIATELY DID NOT LEAD TO ACTION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY

July 31, 2020 · by gexall · in Abuse of Process, Appeals, Striking out

The Court of Appeal today gave judgment in Cable v Liverpool Victoria Insurance Co Ltd [2020] EWCA Civ 1015 and overturned the decision to strike out an action because it had been issued inappropriately using the portal and Part 8…

HIGH COURT UPHOLDS DECISION TO STRIKE OUT CLAIMANT'S PERSONAL INJURY ACTION (AND CLAIMANT HAS TO PAY THE COSTS AS WELL)

HIGH COURT UPHOLDS DECISION TO STRIKE OUT CLAIMANT’S PERSONAL INJURY ACTION (AND CLAIMANT HAS TO PAY THE COSTS AS WELL)

July 23, 2020 · by gexall · in Abuse of Process, Appeals, Personal Injury, Striking out

In Akay v Newcastle University [2020] EWHC 1669 (QB) Mr Justice Lavender upheld an earlier decision that a personal injury action be struck out as an abuse of process.   “If it was to be alleged that the judge failed…

THE STATEMENT OF CASE WOULD NOT HAVE BEEN STRUCK OUT: JUDGE PROVIDES A LESSON IN THE BASIC PRINCIPLES OF PLEADING

THE STATEMENT OF CASE WOULD NOT HAVE BEEN STRUCK OUT: JUDGE PROVIDES A LESSON IN THE BASIC PRINCIPLES OF PLEADING

July 14, 2020 · by gexall · in Applications, Statements of Case, Striking out

In Tejani v Fitzroy Place Residential Ltd & Anor [2020] EWHC 1856 (TCC) Mr Justice Pepperall sent out a clear reminder of the basic purpose of pleading. He rejected an argument by the defendant that a particulars of claim should…

FATAL ACCIDENT ACTION NOT STRUCK OUT: CAUTION NEEDED WHEN DEALING WITH A DEVELOPING AREA OF LAW

FATAL ACCIDENT ACTION NOT STRUCK OUT: CAUTION NEEDED WHEN DEALING WITH A DEVELOPING AREA OF LAW

July 13, 2020 · by gexall · in Fatal Accidents, Striking out, Summary judgment

In the judgment this morning in Begum v Maran (UK) Ltd [2020] EWHC 1846 (QB) Mr Justice Jay refused a defendant’s application to strike out a claim and/for summary damages in for fatal accident damages.  It highlights the point that…

CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL

CLAIM STRUCK OUT, RELIEF FROM SANCTIONS REFUSED, COUNTERCLAIM CONTINUES: CLAIMANT HITS A BRICK WALL

July 3, 2020 · by gexall · in Case Management, Relief from sanctions, Striking out

In Edmunds v Newell & Anor [2020] EW Misc 7 (CC) HHJ Jarman QC refused a claimant’s application for relief from sanctions. The claim was struck out but the counterclaim continued.   THE CASE The claimant claimed £110,599.99 plus interest…

CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE

CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE

May 20, 2020 · by gexall · in Civil Procedure, Statements of Case, Striking out

I don’t normally write about the cases relating to defamation and pleading, this is a very niche area and there is usually little of general interest. However the judgment of Mr Justice Nicol in  BrewDog Plc & Anor v Frank…

DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE

DEFENCE STRUCK OUT FOLLOWING FAILURE TO GIVE FULL DISCLOSURE: SEVERE SANCTION WAS NOT DISPROPORTIONATE

March 13, 2020 · by gexall · in Applications, Disclosure, Relief from sanctions, Striking out

In MKG Convenience Ltd, Re [2020] EWHC 547 (Ch) HHJ David Cooke refused the defendants’ application for relief from sanctions following a failure to comply with a peremptory order in relation to disclosure.   The sanction was severe, however the circumstances…

DEFENDANT'S PART 20 CLAIM AGAINST CLAIMANT'S WITNESSES STRUCK OUT: WITNESSES HAVE IMMUNITY (AND THIS HAS CONSEQUENCES...)

DEFENDANT’S PART 20 CLAIM AGAINST CLAIMANT’S WITNESSES STRUCK OUT: WITNESSES HAVE IMMUNITY (AND THIS HAS CONSEQUENCES…)

March 12, 2020 · by gexall · in Applications, Civil evidence, Civil Procedure, Striking out, Witness statements

I am grateful to barrister David Green for supplying me with a note* of the judgment of HHJ Saggerson in Holley -v- Woodburn.  HHJ Saggerson, Central London County Court). A copy of the judgment is available  here C65YX969 Holley v…

CLAIMANT'S HUMAN RIGHTS CLAIM FOR LOSS OF CHERISHED NUMBER PLATES NOT STRUCK OUT:

CLAIMANT’S HUMAN RIGHTS CLAIM FOR LOSS OF CHERISHED NUMBER PLATES NOT STRUCK OUT:

March 6, 2020 · by gexall · in Abuse of Process, Applications, Striking out, Summary judgment

I am grateful to solicitor Ian Bailey from PGB Gitlin Baker for sending me a copy of the decision of HHJ Roberts in Phillips -v- Secretary of State for Transport.  (County Court at Central London 24/02/2020 – a copy of…

JUDGE WAS CORRECT TO STRIKE OUT ACTION AGAINST NON-EXISTENT COMPANY: ALSO GUIDANCE FOR INSURERS ON MOST PRUDENT COURSE OF ACTION

JUDGE WAS CORRECT TO STRIKE OUT ACTION AGAINST NON-EXISTENT COMPANY: ALSO GUIDANCE FOR INSURERS ON MOST PRUDENT COURSE OF ACTION

February 25, 2020 · by gexall · in Appeals, Applications, Striking out

In the judgment in Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 today the Court of Appeal dismissed the claimant’s appeal against an order striking out his claim against one defendant.  At the time the striking out…

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