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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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COURT OF APPEAL DECISION TODAY: "WAREHOUSING" A CLAIM IS NOT AN ALWAYS ABUSE OF PROCESS (AND SHOULD NOT HAVE BEEN STRUCK OUT IN ANY EVENT)

COURT OF APPEAL DECISION TODAY: “WAREHOUSING” A CLAIM IS NOT AN ALWAYS ABUSE OF PROCESS (AND SHOULD NOT HAVE BEEN STRUCK OUT IN ANY EVENT)

January 24, 2020 · by gexall · in Abuse of Process, Appeals, Applications, Civil Procedure

In the judgment today in Alibrahim v Asturion Fondation [2020] EWCA Civ 32 the Court of Appeal confirmed that the court should not have struck out a claim that had been left dormant for a period. “Striking out was a…

DELAY OF 18 MONTHS IN GIVING JUDGMENT DID NOT UNDERMINE THE JUDGE'S VIEW AS TO CREDIBILITY

DELAY OF 18 MONTHS IN GIVING JUDGMENT DID NOT UNDERMINE THE JUDGE’S VIEW AS TO CREDIBILITY

July 28, 2019 · by gexall · in Appeals, Civil evidence, Witness statements

In Nuttal & Anor v Kerr & Anor [2019] EWHC 1977 (QB) Mr Justice Freedman rejected an argument that an excessive delay in giving judgment meant that the trial judge’s conclusions were innately unreliable.  (The judgment also reviews the authorities…

LAWYERS, DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT? ("A DEADLINE... THAT IS ALL")

LAWYERS, DEADLINES AND PROCRASTINATION: HOW DO YOU DEAL WITH IT? (“A DEADLINE… THAT IS ALL”)

May 2, 2019 · by gexall · in Avoiding negligence claims, Case Management, Risks of litigation, Useful links, Well being

Many of the cases that appear on this blog, particularly those dealing with sanctions and service, arise because things are left to the very last minute. We have looked before at lawyers and procrastination.  I thought that perhaps this is…

LISTING - WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

LISTING – WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

April 15, 2018 · by gexall · in Abuse of Process, Adjournments, Civil Procedure, Listing

I’m quite happy to carry on posting about listing issues.  Litigants should not suffer in silence.  I post these three reports without comment. Delay of 10 months for listing of applications “Fast track personal injury claim in Central London County…

NOT PROCEEDING WITH LITIGATION FOR ONE YEAR IS NOT AN ABUSE OF PROCESS: THE ACTION WAS NOT BEING "WAREHOUSED": BUT STILL A POINT TO WATCH

NOT PROCEEDING WITH LITIGATION FOR ONE YEAR IS NOT AN ABUSE OF PROCESS: THE ACTION WAS NOT BEING “WAREHOUSED”: BUT STILL A POINT TO WATCH

October 8, 2017 · by gexall · in Abuse of Process, Applications

In Grenda Investments Ltd v Barton [2017] EWHC 2371 (Comm)Mr Justice Picken considered (and rejected) an argument that the claimant’s failure to proceed with litigation for a year amounted to an abuse of process.  Although the application failed this case does…

DELAY AND NON-COMPLIANCE: ACTION STRUCK OUT: A "GAME CHANGER"

January 4, 2017 · by gexall · in Applications, Damages, Extensions of time, Relief from sanctions, Striking out, Uncategorized

The judgment of Master Matthew in Phelps -v- Button [2016] EWHC 3185 (Ch) emphasises the dangers of delay and non compliance. “…I will observe that the Court ethos has changed enormously since the days of Lord Denning and the two…

STRIKING OUT FOR DELAY: SOLLAND UPHELD ON APPEAL

November 18, 2015 · by gexall · in Applications, Striking out, Uncategorized

We have looked before at the decision of Master Bowles in Solland International Ltd -v- Clifford Harris & Co [2015] EWHC 2018 (Ch) where the claimant’s action was struck out because of their failure to progress the action for 31…

INTEREST WHERE THE CLAIM WAS OVER A PROLONGED PERIOD:JUDGMENT ACT RATE NO LONGER APPROPRIATE

October 15, 2015 · by gexall · in Damages, Uncategorized

There were many procedural issues in the Court of Appeal decision in Oyesanya -v- Mid-Yorkshire Hospital Trust [2015] EWCA Civ 1049.  Some of them will be looked at in later posts. Here we look at the appropriate approach of the…

DELAY AND STRIKING OUT FOR ABUSE OF PROCESS: SOME INTERESTING LESSONS

September 1, 2015 · by gexall · in Applications, Civil Procedure, Conduct, Uncategorized

The judgment of Master Bowles in Solland International Ltd -v- Clifford Harris & Co [2015] EWHC 2018 (Ch) contains several matters of interest to litigators. Not only the fact that the action was struck out but some of the allegations…

APPLICATION TO SET ASIDE JUDGMENT MADE LATE IN THE DAY: APPEAL AGAINST REFUSAL TO SET JUDGMENT ASIDE ALLOWED

May 5, 2015 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Relief from sanctions

In Priestley -v- Dunbar [2015] EWHC 987 (Ch) H.H.Judge Behrens (sitting as a judge of the High Court) overturned an earlier decision refusing to set judgment aside on the grounds of delay. THE CASE The claimant had obtained default judgment…

CASE STRUCK OUT AFTER JUDGMENT BECAUSE REPEATED FAILURES TO COMPLY AMOUNTED TO AN ABUSE OF PROCESS

December 15, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Risks of litigation, Striking out

In Zaman -v- Paradise UK Ltd (QBD) 11/12/2014* Judge Seymour QC upheld a decision of the Master to strike out a personal injury action on the grounds of abuse of process where liability had been admitted.  This is an important…

SETTING ASIDE A DEFAULT JUDGMENT AFTER AN ORDER IS STILL SUBJECT TO CPR 13: JUDGMENT SET ASIDE WHEN NO GOOD REASON FOR DEFENDANT'S DELAY

December 14, 2014 · by gexall · in Applications, Civil Procedure

In QRS -v- Beach & Kordowski [2014] EWHC 2189 (QB) Mr Justice Warby considered the relevant criteria for setting aside a default judgment when the court makes an order/declaration? There is a detailed discussion of the relevant law and the appropriate…

COSTS BUDGETING AND MORE CASE MANAGEMENT IN THE COURT OF PROTECTION? EXPECT IT SOON

November 27, 2014 · by gexall · in Civil Procedure, Costs, Costs budgeting

It is only recently that the Court of Appeal has “opened its doors” so to speak on reports of its cases. The judgment of Peter Jackson J in A & B (Court of Protection: Delay & Costs) [2014] EWCOP 8…

CASE STRUCK OUT BECAUSE DELAY WAS AN ABUSE OF PROCESS: WEARN -v- HNH CONSIDERED

October 30, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Risks of litigation, Striking out

In Wearn -v- HNH International Holdings Ltd [2014] EWHC 3542 (Ch) Mr Justice Barling struck out a claim for delay, holding that the claimant’s delay amounted to an abuse of process. There are also a few interesting observations about the…

MASSIVE DELAY, SETTING ASIDE JUDGMENT AND THE MITCHELL PRINCIPLES: MID-EAST SALES LTD –v- UNITED ENGINEERING & THE ISLAMIC REPUBLIC OF PAKISTAN CONSIDERED

May 12, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions

One of the many moot points that arise from Mitchell is how far the amendment to the overriding objective and CPR 3.9 impact upon applications to have judgment set aside.  This issue was considered by Burton J in Mid-East Sales…

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Top Posts & Pages

  • EXCEPTIONS TO THE WITHOUT PREJUDICE RULE: COURT OF APPEAL ALLOWS MATTERS SET OUT IN MEDIATION TO BE PLEADED IN A DEFENCE
  • IF YOU'VE MADE THE DEFENDANT BANKRUPT - YOU CAN'T COMPLAIN WHEN YOU'VE GOT WHAT YOU ASKED FOR
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  • PROVING THINGS 209: SOLICITORS NEGLIGENCE ACTION DISMISSED BECAUSE THERE WAS NO LOSS: THE CLAIMED JEWEL WAS BIGGER THAN THE SOCKET
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