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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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PROCEEDINGS BROUGHT BY BANKRUPT WERE “DOOMED TO FAIL”: AN IMPORTANT REMINDER

November 2, 2020 · by gexall · in Civil Procedure, Insolvency

Part of the judgment of Mr Justice Griffiths in Lambert v Forest of Dean District Council [2020] EWHC 2854 (Admin) provides an important reminder that someone who has been declared bankrupt may have no standing at all to bring subsequent…

BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: A REMINDER OF THE KEY POINTS

August 11, 2020 · by gexall · in Civil Procedure, Damages

Bankruptcies were rising prior  to the Coronavirus pandemic.  There are concerns that COVID may have made matters worse.   This can have a knock on effect on personal injury litigants bringing a claim.  Here is a reminder of 10 steps that…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)

August 6, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Insolvency

Many litigants don’t tell their lawyers that they are bankrupt. Some firms ask as a matter of course, many do not. Some litigators do not appreciate the impact of personal bankruptcy on a litigant. A CASE TO POINT:  A TRIAL,…

YOU CAN'T MAKE SOMEONE BANKRUPT IF THEY'VE GOT NOTHING: AN INTERESTING APPEAL

YOU CAN’T MAKE SOMEONE BANKRUPT IF THEY’VE GOT NOTHING: AN INTERESTING APPEAL

January 16, 2019 · by gexall · in Appeals, Civil Procedure

In  Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) HHJ Hodge QC (sitting as a High Court judge) allowed an appeal against the granting of a bankruptcy petition. Essentially the petition should have not have been granted because the…

TWO PROCEDURAL POINTS: A SECOND ACTION IS NOT ALWAYS AN ABUSE OF PROCESS & A BANKRUPT CANNOT BRING PROCEEDINGS

September 28, 2016 · by gexall · in Second set of proceedings, Striking out, Uncategorized

The judgment of Master Bowles in Khan -v- Khan & Ambala Foods Limited [2015] EWHC 2625 (Ch) contains a reminder of two important procedural points. KEY POINTS (1) The issue of a second set of proceedings is potentially an abuse…

ADJOURNMENTS AND DISCRETION: DECISION NOT TO ADJOURN BANKRUPTCY PETITION UPHELD BY THE COURT OF APPEAL

October 19, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Uncategorized

In Edginton -v- Sekhon [2015] EWCA Civ 816 the Court of Appeal refused to overturn the judge’s decision not to adjourn a bankruptcy petition. “Delay is inimical to all forms of litigation and especially so in a collective enforcement process…

BANKRUPTCY OF CLAIMANT DID NOT RENDER ACTION INVALID OR AN ABUSE OF PROCESS

August 20, 2015 · by gexall · in Applications, Civil Procedure, Uncategorized

In Eaton -v- Mitchells & Butler PLC (30th April 2015) (reported today on Bailli) His Honour Judge Keyser QC had to consider the effect of bankruptcy upon the validity of a claim. “It is remarkable that the case had proceeded…

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