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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

COVID REPEATS 31: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

May 24, 2020 · by gexall · in Civil Procedure, Members Content, Statements of Case

Surprisingly this post about the basics of replies and counterclaims  was the second most read post on this blog in 2017 (surprising because it was written in July 2016).  It simply sets out the basic rules relating to filing a…

THE ASSESSMENT OF EVIDENCE: DECLARATIONS FOR THE DEFENDANT IN A PERSONAL INJURY CASE

THE ASSESSMENT OF EVIDENCE: DECLARATIONS FOR THE DEFENDANT IN A PERSONAL INJURY CASE

February 22, 2018 · by gexall · in Applications, Members Content, Witness statements

The judgment of Master Thornett in  Day v Bryant (declaratory relief – costs – QOCS) [2018] EWHC 158 (QB) is an example of a rare case where a defendant, in a personal injury case, obtained a declaration on a counterclaim. It…

SOME FEEDBACK - WHEN DEFENCE TURNS TO COUNTERCLAIM

SOME FEEDBACK – WHEN DEFENCE TURNS TO COUNTERCLAIM

November 20, 2017 · by gexall · in Access to justice, Applications, Litigants in person, Members Content

Feedback from readers is rare.  I received a letter today which the author has given be permission to reproduce.   Just a quick note of thanks. I’m an LIP, having been involved in litigation as defendant for the last 3…

SETTING JUDGMENT ASIDE AFTER REDBOURN: 10 KEY POINTS FOR DEFENDANTS (CLAIMANTS MUST READ TOO)

SETTING JUDGMENT ASIDE AFTER REDBOURN: 10 KEY POINTS FOR DEFENDANTS (CLAIMANTS MUST READ TOO)

June 9, 2017 · by gexall · in Applications, Default judgment,, Members Content, Setting aside judgment

The judgment in Redbourn Group Ltd -v- Fairgate Development Limited [2017] EWHC 1223 (TCC) highlights the fact that there is a new age for a party seeking to set judgment aside. Not only does the party have to satisfy the requirements of…

CLAIMANT'S ACCEPTANCE OF PART 36 OFFER DOES NOT LEAD TO JUDGMENT ON COUNTERCLAIM: A MARATHON EFFORT BUT TO NO AVAIL

December 11, 2016 · by gexall · in Members Content, Part 36, Uncategorized

In Marathon Asset Management LLP -v- Seddon [2016] EWHC 2615 (Comm) Mr Justice Leggatt rejected an argument that the claimant’s  acceptance of a Part 36 offer meant that a defendant was entitled to judgment on its counterclaim. KEY POINTS The…

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