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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.
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HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

August 5, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure

Periodically I write reminders of the importance of being able to calculate time periods correctly. Sometime a miscalculation can lead to fundamental problems. AN EXAMPLE OF MISCALCULATION In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned…

THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE - REQUIRED RELIEF FROM SANCTIONS

THE DANGERS OF LEAVING SERVICE OF EVIDENCE UNTIL THE LAST MINUTE: DEFENDANT MISCALCULATED TIME WITNESS STATEMENTS DUE – REQUIRED RELIEF FROM SANCTIONS

April 13, 2021 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Witness statements

In Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) Mr Justice Johnson granted relief from sanctions to a defendant who served witness evidence late.  However the defendant’s failures were serious and significant and the defendant had no…

CIVIL PROCEDURE BACK TO BASICS 58: HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

CIVIL PROCEDURE BACK TO BASICS 58: HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

August 14, 2019 · by gexall · in Civil Procedure, Extensions of time

The previous post on the errors made in relation to calculation of time highlight the need for practitioners to be aware of the precise rules in relation to calculation of time. In this respect this may be the easiest post…

LITIGANT MAY HAVE LODGED APPEAL NOTICE ON TIME WHEN THE COURT CLOSED EARLY:  CLAIMANT GRANTED PERMISSION TO APPEAL

LITIGANT MAY HAVE LODGED APPEAL NOTICE ON TIME WHEN THE COURT CLOSED EARLY: CLAIMANT GRANTED PERMISSION TO APPEAL

June 7, 2017 · by gexall · in Appeals, Applications

In Croke -v-Secretary of State for Communities and Local Government [2017] EWCA Civ 423 Lord Justice Hickinbottom found that it is arguable that that a litigant in person had complied with the strict six week time limit for appeals because…

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH - EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH – EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

May 23, 2017 · by gexall · in Appeals, Applications, Relief from sanctions, Serving documents

The judgment of Mr Justice Jay in Enniful -v- Motor Insurers Bureau [2017] EWHC 1086 (QB) is a procedural hotchpotch. It relates to service, delay, dates of compliance, venue for appeals and relief from sanctions. All of this occurred before…

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