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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Avoiding negligence claims » Page 15

SURVIVING MITCHELL 5: CAN YOU EVEN AGREE EXTENSIONS OF TIME?

January 22, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Disclosure, Expert evidence, Members Content, Relief from sanctions, Witness statements

The earlier post on extensions of time gained a lot of attention and numerous issues were raised at twitter.  This is such a fast moving area that a case, reported yesterday, deals with some of the issues raised.  I wanted…

SURVIVING MITCHELL A PRACTITIONER’S GUIDE 4: BE CAREFUL WHEN AGREEING VARIATIONS OF THE DIRECTIONS

January 21, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form

One issue that has arisen consistently since the Mitchell decision in particular is whether the parties can agree to vary directions.  The answer is far from simple. THE RULES The rules are always a good place to start. CPR 2.11…

TEN MYTHS ABOUT LIMITATION THAT EVERY PERSONAL INJURY LITIGATOR SHOULD KNOW.

October 20, 2013 · by gexall · in Avoiding negligence claims, Limitation, Members Content, Risks of litigation

There are a surprising number of “myths” that prevail in personal injury litigation. In particular in relation to limitation. Here, as part of the “avoiding negligence” series we look at 10 of these myths. Myth 1:  In a breach of…

LITIGATION AFTER JACKSON: A 10 POINT SURVIVAL GUIDE

August 23, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Limitation, Members Content, Relief from sanctions, Service of the claim form, Witness statements

There has been a tremendous change in policy in relation to case management after 1st April 2013.  This has already led to major difficulties for some litigators. This post is the first (of what may be many)  survival guides for…

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