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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A MORE UNUSUAL "CLAIM FORM" ISSUE: CLAIMANT'S EARLIER UNSUCCESSFUL ATTEMPTS TO ISSUE WERE NOT EFFECTIVE AND ACTION WAS STATUTE BARRED: COURT OF APPEAL DECISION TODAY

A MORE UNUSUAL “CLAIM FORM” ISSUE: CLAIMANT’S EARLIER UNSUCCESSFUL ATTEMPTS TO ISSUE WERE NOT EFFECTIVE AND ACTION WAS STATUTE BARRED: COURT OF APPEAL DECISION TODAY

July 5, 2024 · by gexall · in Appeals, Extensions of time, Members Content

In Guo v Kinder & Others [2024] EWCA Civ 762 the Court of Appeal rejected an argument that the claimant’s earlier, unsuccessful, attempts to issue a claim form meant that the later claim form could be backdated.  The action was,…

FAILURE TO SERVE A DEFENDANT PROPERLY AND ISSUING OUT OF TIME: HIGH COURT DECISION

FAILURE TO SERVE A DEFENDANT PROPERLY AND ISSUING OUT OF TIME: HIGH COURT DECISION

April 3, 2023 · by gexall · in Civil Procedure, Limitation, Members Content, Service of the claim form, Serving documents

In Muhammad v Daily The News International & Ors (Rev1) [2023] EWHC 674 (KB) Master Cook determined a number of procedural issues.  Here we look at two: (1) the failure to serve on a defendant properly; (2) the question of…

UNDERPAYMENT OF COURT FEES IS AN ABUSE OF PROCESS: HOWEVER DESPITE THIS AN ACTION WAS ISSUED WITHIN TIME & WOULD NOT BE STRUCK OUT

UNDERPAYMENT OF COURT FEES IS AN ABUSE OF PROCESS: HOWEVER DESPITE THIS AN ACTION WAS ISSUED WITHIN TIME & WOULD NOT BE STRUCK OUT

July 9, 2018 · by gexall · in Abuse of Process, Appeals, Applications, Conduct, Limitation, Members Content, Sanctions

In the judgment today in  Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) Mr Justice Turner considered the issue of whether a failure to pay the correct fee on the issue of proceedings meant that a claim was…

FOR TWO DOLLARS MORE: THE DANGERS OF NOT SENDING THE CORRECT COURT FEE

February 13, 2015 · by gexall · in Applications, Civil Procedure, Limitation, Members Content, Relief from sanctions, Service of the claim form, Striking out

I am grateful to Gerard McDermott QC for sending me details from the American Bar Association Journal of a £2.5 million case in Powhattan Circuit Court where a $2.5 million dollar action failed because the court fee was incorrect by…

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