Civil procedure
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Lay and others (as Trustees of the Portman Estate v Drexler and others
Civil procedure – Costs
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Straker v Tudor Rose (a firm)
Damages claim – Payment into court – Order for costs – Respondents making offer to settle – Court making award in excess of offer – Court awarding no costs of…
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Charles Church Developments Ltd v Stent Foundations Ltd and another
Construction works — Negligence — Damages — Claimant bringing proceedings towards expiry of limitation period — Claimant seeking to add alternative claim out of time — Whether court having power…
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Weston v Gribben and another
Property — Negligence proceedings — Claim form specifying wrong claimant — Appellant seeking to add or substitute new party — Appropriate test for determining whether substitution appropriate — Whether judge…
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Nelson and another v Clearsprings (Management) Ltd
Claim for possession — Service of proceedings — Claim form incorrectly addressed — Respondent unaware of proceedings — Appellant obtaining judgment from district judge in respondent’s absence — County court…
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Zissis v Lukomski and another
Party wall — Surveyor’s award — Appeal — Civil Procedure Rules — Whether action commenced under correct rule of procedure — Appeal allowed in part
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Collier v Williams; Marshall and another v Maggs; Leeson v Marsden and another; Glass v Surrendran
Claim form — Address for service “Last known residence” — Application to extend time for service — Application without notice on paper — Construction of Civil Procedure Rules Court providing…
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Kuenyehia and others v International Hospitals Group Ltd
Claim form — Service by fax — Time limit — Service by electronic means without consent of appellant — Court having power to dispense with service — Whether failure to…
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O’Hara and another v McDougall
Practice — Notice of proceedings — Service — Place of business — Civil procedure rules — Whether rented property being landlord’s place of business for service of documents — Appeal…
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Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd
Substitution of parties — CPR 19.5 — Respondent wrongly named as claimant and contracting party — Whether permissible to amend claim form to add correct contracting party — Whether claimant…
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PP 2003/76
While parties in more adversarial types of litigation have made the most of settlement offers under CPR Part 36, many still question whether such an offer would be helpful when…
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PP 2003/16
ADR agreement likened to arbitration agreement. A and B contract on terms that they will attempt to resolve disputes through mediation or other ADR procedure.