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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CORONAVIRUS LAW: APPEAL ON POSSESSION ISSUES STAYED BY PD51Z:  NO SALAMI SLICING OF CASES WHERE A LANDLORD IS SEEKING POSSESSION

CORONAVIRUS LAW: APPEAL ON POSSESSION ISSUES STAYED BY PD51Z: NO SALAMI SLICING OF CASES WHERE A LANDLORD IS SEEKING POSSESSION

July 3, 2020 · by gexall · in Appeals, Civil Procedure, Coronavirus, Members Content

In the judgment in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors[2020] EWCA Civ 833 the Court of Appeal (by a majority) stayed a number of appeals, holding that they were possession proceedings…

CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT

CORONAVIRUS LAW: STAY LIFTED SOLELY FOR THE PURPOSE OF HANDING DOWN APPEAL JUDGMENT

June 4, 2020 · by gexall · in Appeals, Coronavirus, Members Content

In Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) Mr Justice Freedman lifted the stay on possession proceedings for the purpose of handing down a judgment on appeal.   THE CASE The action related to possession proceedings brought…

CIVIL PROCEDURE BACK TO BASICS 64: THE AUTOMATIC STAY (EASY TO FORGET ABOUT)

CIVIL PROCEDURE BACK TO BASICS 64: THE AUTOMATIC STAY (EASY TO FORGET ABOUT)

September 20, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content

Here we look at the automatic stay imposed by CPR 15.11. This is one of those rules than can be overlooked and could, if ignored, cause major procedural difficulties. THE RULES “Where – (a) at least 6 months have expired…

A CLAIM FORM CASE IN THE COURT OF APPEAL: GOOD NEWS FOR CLAIMANTS: STAY A WHILE AND FIND OUT

A CLAIM FORM CASE IN THE COURT OF APPEAL: GOOD NEWS FOR CLAIMANTS: STAY A WHILE AND FIND OUT

October 16, 2018 · by gexall · in Appeals, Civil Procedure, Members Content, Service of the claim form

In the judgment today in  Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 the Court of Appeal held that an order staying an action also imposed a stay on the obligation to serve the claim form. The claim form was…

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Recent Posts

  • 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
  • THROWBACK FRIDAY: SIMILAR FACT EVIDENCE IN CIVIL CASES: AN OVERVIEW AND THE RELEVANT GUIDANCE CONSIDERED (AUGUST 2020)
  • AN ORDER FOR WASTED COSTS NARROWLY AVERTED – BUT THERE WERE ISSUES ON BOTH SIDES: “NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY”
  • ATTEMPTS TO “REVISIT” THE PRELIMINARY ISSUES REFUSED: ALSO THE JUDGE WOULD HAVE PREFERRED TO SEE WITNESS STATEMENTS NOT JUST DOCUMENTS…
  • ADVOCACY THE JUDGE’S VIEW A RECAP OF THE SERIES 3: “THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE”: WHY ALL LITIGATORS SHOULD KNOW THESE THINGS…

Top Posts

CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY"
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
ADVOCACY THE JUDGE'S VIEW A RECAP OF THE SERIES 3: "THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE": WHY ALL LITIGATORS SHOULD KNOW THESE THINGS...
COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

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