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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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IF YOU’VE MADE THE DEFENDANT BANKRUPT – YOU CAN’T COMPLAIN WHEN YOU’VE GOT WHAT YOU ASKED FOR

April 16, 2021 · by gexall · in Appeals, Enforcement

The judgment of the Court of Appeal today in Michael Wilson & Partners Ltd v Sinclair & Ors [2021] EWCA Civ 505 contains an important lesson to litigators considering enforcing a judgment.  The claimant had made the defendant bankrupt whilst…

GOING BANKRUPT DID NOT RELEASE BANKRUPT FROM A JUDGMENT DEBT: JUDGE GIVES PERMISSION FOR ENFORCEMENT PROCEEDINGS TO CONTINUE DESPITE A SUBSTANTIAL DELAY

March 4, 2021 · by gexall · in Appeals, Enforcement, Insolvency

In  Jones & Pyle Developments Ltd v Rymell [2021] EWHC 385 (Ch) HHJ Paul Matthews found that a judgment debt was not released by bankruptcy. He also allowed enforcement proceedings to continue, despite a substantial delay. THE CASE The claimant…

WHEN ENFORCEMENT PROCEEDINGS GO WRONG: IF YOU CAN'T OPERATE BY THE RULES THEY MAY TAKE YOUR LICENCE AWAY...

WHEN ENFORCEMENT PROCEEDINGS GO WRONG: IF YOU CAN’T OPERATE BY THE RULES THEY MAY TAKE YOUR LICENCE AWAY…

March 12, 2019 · by gexall · in Applications, Enforcement, Witness statements

The enforcement of judgments is an aspect of civil procedure that rarely makes the law reports.  In Rooftops South West Ltd & Ors v Ash Interiors (UK) Ltd & Ors [2018] EWHC 2799 (QB) Master Davison was highly critical of the…

A POSSIBLE SOLUTION WHEN A DEFENDANT IN A PI CASE WILL NOT PAY: LOOK AT YOUR OWN CLIENT'S HOME INSURANCE POLICY

A POSSIBLE SOLUTION WHEN A DEFENDANT IN A PI CASE WILL NOT PAY: LOOK AT YOUR OWN CLIENT’S HOME INSURANCE POLICY

September 20, 2018 · by gexall · in Damages, Enforcement, Insurance

I am repeating something that has appeared in this blog twice already.  However it is a topic that that has featured in recent legal discussions on Twitter.  That is the use of your own client’s home insurance policy to recover damages…

INTERPLEADER PROCEEDINGS: FILLING THE GAP IN THE RULES

INTERPLEADER PROCEEDINGS: FILLING THE GAP IN THE RULES

February 18, 2018 · by gexall · in Applications, Civil Procedure, Enforcement

In Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement) [2018] EWHC 219 (QB) Master McCloud had to look back at a few centuries of jurisprudence in order to find a solution to a very modern problem. What…

WHEN THE ASSETS DISAPPEAR FROM A JUDGEMENT DEBTOR: POTENTIAL CAUSES OF ACTION EXPLORED

WHEN THE ASSETS DISAPPEAR FROM A JUDGEMENT DEBTOR: POTENTIAL CAUSES OF ACTION EXPLORED

April 28, 2017 · by gexall · in Applications, Enforcement

The first rule of  Law School is (or should be) “don’t sue anyone who doesn’t have the cash to pay”.  The most meritorious case coupled with the most astute legal team is going to get blood out of a stone….

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  • PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL
  • JUDGE REFUSES TO STRIKE OUT ACTION ON THE BASIS OF “ILLEGALITY”: THE CLAIMANT WAS NOT CAPABLE OF COMMITTING “CRIMINAL” ACTS
  • THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF “ACTIONABLE DAMAGE”: COURT REFUSES TO STRIKE OUT THE CLAIMANT’S CASE
  • WITNESS STATEMENTS WHEN THE WITNESS CANNOT SPEAK ENGLISH: “IT IS DOUBTFUL THAT HE IN FACT SIGNED THE STATEMENT”
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Top Posts & Pages

  • WITNESS STATEMENTS WHEN THE WITNESS CANNOT SPEAK ENGLISH: "IT IS DOUBTFUL THAT HE IN FACT SIGNED THE STATEMENT"
  • JUDGE REFUSES TO STRIKE OUT ACTION ON THE BASIS OF "ILLEGALITY": THE CLAIMANT WAS NOT CAPABLE OF COMMITTING "CRIMINAL" ACTS
  • PROVING THINGS 233: ASSESSING EVIDENCE AFTER 14 YEARS: THE CRUEL CONCEPT OF CAUSATION IN MEDICAL NEGLIGENCE
  • THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010 AND THE DATE OF "ACTIONABLE DAMAGE": COURT REFUSES TO STRIKE OUT THE CLAIMANT'S CASE
  • PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

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