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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROFESSIONAL NEGLIGENCE NEWS (1): I'VE SUED THE WRONG DEFENDANT:  CAN THE COURT DO ANYTHING TO HELP?  FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES

PROFESSIONAL NEGLIGENCE NEWS (1): I’VE SUED THE WRONG DEFENDANT: CAN THE COURT DO ANYTHING TO HELP? FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES

June 30, 2025 · by gexall · in Amendment, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Professional negligence,

There is much to be said for starting a new (and what may well be a  long running) series looking at professional negligence cases, in particular the procedural and practical issues that arise.  Firstly, if (as here) it is a…

THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED - AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

THE PERILS OF LEAVING ISSUE TO THE LAST MINUTE: CLAIM AGAINST SOLICITORS WAS STATUTE BARRED – AMENDMENT DISALLOWED: ADDITION IS NOT A SUBSTITUTION

May 2, 2017 · by gexall · in Amendment, Limitation, Members Content

The judgment of the Court of Appeal yesterday  in Godfrey Morgan Solicitors (a firm) -v- Armes [2017] EWCA Civ 323 illustrates the danger of late issue of proceedings.  Issue was left until the last day.  An additional defendant was added…

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