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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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WHEN CAN A CLAIM FORM INCLUDE MULTIPLE PARTIES? COURT OF APPEAL REACH BACK TO THE OLD RULES TO HELP

WHEN CAN A CLAIM FORM INCLUDE MULTIPLE PARTIES? COURT OF APPEAL REACH BACK TO THE OLD RULES TO HELP

April 18, 2024 · by gexall · in Civil Procedure, Members Content

Yesterday I wrote about a case where a judge made strict case management orders in an attempt to deal with an action brought by multiple claimants.  The issue of multiple parties was considered today by the Court of Appeal in…

THE DEAD CAN'T SUE: AN IMPORTANT REMINDER

November 26, 2016 · by gexall · in Applications, Civil Procedure, Group Litigation Orders, Members Content, Parties to actions, Striking out, Uncategorized

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very…

A POTENTIAL BENEFICIARY CANNOT BRING AN ACTION ON BEHALF OF AN ESTATE

January 14, 2016 · by gexall · in Applications, Members Content, Parties to actions, Uncategorized

The facts in Haastrup -v- Okorie [2016] EWHC 12 (Ch) are somewhat complex. However they do bring home some important matters in relation to the need to have capacity to bring proceedings on behalf of an estate.  The judgment of…

QUOCS IN THE COURT OF APPEAL: FOUR IMPORTANT ISSUES: WAGENAAR CONSIDERED

July 31, 2014 · by gexall · in Civil Procedure, Costs, Members Content

The decision of the Court of Appeal in Wagenaar -v- Weekend Travel Ltd [2014] EWCA Civ 1105 was reported today. It contains important observations  and decisions on qualified one way costs shifting, something that is likely to become a major…

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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
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A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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