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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE POINTS 53:  HOW DOES THE COURT PROTECT THE POSITION OF A PARTY WHO WANTS TO APPEAL DECISION IN RELATION TO JURISDICTION BUT RISKS "ACCEPTING" JURISDICTION IN THE MEANTIME? A PUZZLE SOLVED BY THE COURT OF APPEAL

SERVICE POINTS 53: HOW DOES THE COURT PROTECT THE POSITION OF A PARTY WHO WANTS TO APPEAL DECISION IN RELATION TO JURISDICTION BUT RISKS “ACCEPTING” JURISDICTION IN THE MEANTIME? A PUZZLE SOLVED BY THE COURT OF APPEAL

August 11, 2026 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents

This judgment highlights the risk that a party who wishes to dispute jurisdiction can accidentally accept it.  What, if any, steps should the courts take to protect an appellant in these circumstances.  The litigant may wish to appeal to a…

PART 36: ACCEPTANCE, WITHDRAWAL AND PROTECTED PARTIES: HIGH COURT DECISION

PART 36: ACCEPTANCE, WITHDRAWAL AND PROTECTED PARTIES: HIGH COURT DECISION

April 21, 2021 · by gexall · in Civil Procedure, Members Content, Part 36

In  Wormald v Ahmed [2021] EWHC 973 (QB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the difficult issue of whether a protected party can accept a Part 36 offer and its interaction with the need for…

THE NEW PART 36 PART 2: OTHER EFFECTS OF ACCEPTING A PART 36 OFFER

December 29, 2014 · by gexall · in Civil Procedure, Costs, Members Content, Part 36, Rule Changes

This is the second part of a series dealing with the new provisions of Part 36 which comes into force on the 6th April 2015. The first in the series can be found here. Here we look at the new…

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CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
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NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
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