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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AUTOMATICALLY CREATED NAME AT THE FOOT OF AN EMAIL CREATES BINDING CONTRACT TO SELL LAND: "MANY THANKS" FOR THIS

AUTOMATICALLY CREATED NAME AT THE FOOT OF AN EMAIL CREATES BINDING CONTRACT TO SELL LAND: “MANY THANKS” FOR THIS

September 25, 2019 · by gexall · in Applications, Avoiding negligence claims, Members Content, Witness statements

The judgment of HHJ Pearce in Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) is not about procedure.  However it is a judgment that many litigators must become familiar with. An automatically generated name at the end of an…

SERVICE BY EMAIL: WHO ARE YOU SERVING? A POINT TO WATCH

SERVICE BY EMAIL: WHO ARE YOU SERVING? A POINT TO WATCH

November 20, 2017 · by gexall · in Members Content, Serving documents

The judgment in Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893  highlights a crucial point about service by email.  If you are (and are allowed to) serve by email – check that the address being used is the the…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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