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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. Hardwicke, London
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2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)

2019 AND CIVIL PROCEDURE, THE YEAR IN REVIEW (7): WITHDRAWING FROM ADMISSIONS (AND ANOTHER CHANCE TO PAY HOMAGE TO GUIDE DOG RALPH)

December 15, 2019 · by gexall · in Admissions, Applications, Civil Procedure

There have been relatively few cases about applications to withdraw from admissions this year. Interestingly most of them have been refusing applications to withdraw.  However the main point of this post is to pay homage to Guide Dog Ralph, who…

"PLEADINGS ARE NOT A GAME OF LUDO": TESCO REFUSED PERMISSION TO WITHDRAW ADMISSION

“PLEADINGS ARE NOT A GAME OF LUDO”: TESCO REFUSED PERMISSION TO WITHDRAW ADMISSION

December 8, 2019 · by gexall · in Admissions, Applications, Civil Procedure

In SL Claimants v Tesco Plc [2019] EWHC 3312 (Ch) Mr Justice Hildyard refused an application by Tesco PLC to withdraw an admission.   There is a detailed consideration of the factors to be considered when a party seeks permission to…

CAN YOU ENTER JUDGMENT IN DEFAULT WHEN THE DEFENCE IS SERVED LATE? HIGH COURT  DECISION THAT SAYS NOT

CAN YOU ENTER JUDGMENT IN DEFAULT WHEN THE DEFENCE IS SERVED LATE? HIGH COURT DECISION THAT SAYS NOT

July 22, 2019 · by gexall · in Admissions, Default judgment,, Relief from sanctions, Setting aside judgment

In Clements Smith v Berrymans Lace Mawer Service Co. & Anor [2019] EWHC 1904 (QB) Master McCloud considered the issue of whether a judgment entered after a defence had been filed late was a regular judgment. Permission was given to…

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR

July 3, 2019 · by gexall · in Admissions, Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Costs budgeting, Credibility of experts, Experts, Fatal Accidents, Risks of litigation, Statements of Case, Statements of Truth, Witness statements

The “back to basics” series has been going since April 2018.  It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”.   Some people have expressed surprise and how “basic” some points are…

RESILING FROM ADMISSIONS - ISN'T THAT EASY : WITH A HOMAGE TO  THE WIT AND WISDOM OF  RALPH GUIDE DOG (RETIRED)

RESILING FROM ADMISSIONS – ISN’T THAT EASY : WITH A HOMAGE TO THE WIT AND WISDOM OF RALPH GUIDE DOG (RETIRED)

May 25, 2019 · by gexall · in Admissions, Appeals, Applications

I got nudged into writing this post on withdrawing from admissions by  Ralph Guide Dog, (Retired).   So, especially for Ralph – who has always taken a keen interest in all things legal,  the latest High Court decision on resiling from…

LATE APPLICATION TO AMEND DEFENCE AND WITHDRAW ADMISSION REFUSED: EVE OF TRIAL APPLICATIONS USUALLY CAUSE PROBLEMS

LATE APPLICATION TO AMEND DEFENCE AND WITHDRAW ADMISSION REFUSED: EVE OF TRIAL APPLICATIONS USUALLY CAUSE PROBLEMS

March 20, 2019 · by gexall · in Admissions, Amendment, Applications

There is a second reason to look at the judgment today  by Mr Justice Arnold in Freshasia Foods Ltd v Lu [2019] EWHC 638 (Ch).  There was a decision in the judgment on a late application to amend and withdraw from an admission. …

COSTS IN THE COURT OF PROTECTION: “ARROGANCE” AND “PETULANCE” LEADS TO AN AWARD OF COSTS AGAINST A LOCAL AUTHORITY

September 3, 2018 · by gexall · in Access to justice, Admissions, Conduct, Costs

In London Borough of Lambeth v MCS & Anor [2018] EWCOP 20 Mr Justice Newton did not follow the normal practice in Court of Protection cases. He ordered costs to be paid against the Local Authority and the Lambeth Commissioning Group….

CIVIL PROCEDURE BACK TO BASICS 12: THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL

CIVIL PROCEDURE BACK TO BASICS 12: THE DIFFERENCE BETWEEN A NON-ADMISSION AND A DENIAL

August 15, 2018 · by gexall · in Admissions, Civil Procedure, Statements of Case

Some defences adopt a scattergun approach of “denying” everything.  Some are more selective – they “put the Claimant to strict proof”.  Many defences ignore the important distinction between a non-admission and a denial. THE DIFFERENCE IN A NUTSHELL If you…

COSTS: THE COSTS OF ATTENDING AN INQUEST: THE APPROPRIATE APPROACH

January 19, 2018 · by gexall · in Admissions, Costs, Fatal Accidents

In   Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) Master Leonard considered the issue of the recoverability of costs of attending an inquest. There  is a highly nuanced approach. The issues raised are of more general relevance in…

CIVIL LITIGATION AND THE MARTIAL ARTS: McGANN -v- BISPING: ROUND 1:  DISPUTING THE AUTHENTICITY OF DOCUMENTS WITHOUT SERVICE OF A NOTICE UNDER CPR 32.19

CIVIL LITIGATION AND THE MARTIAL ARTS: McGANN -v- BISPING: ROUND 1: DISPUTING THE AUTHENTICITY OF DOCUMENTS WITHOUT SERVICE OF A NOTICE UNDER CPR 32.19

December 19, 2017 · by gexall · in Admissions, Applications, Case Management, Civil evidence, Civil Procedure, Conduct, Disclosure

The judgment today in McGann v Bisping [2017] EWHC 2951 (Comm) involves multiple issues in relation to civil evidence, procedure and witness credibility. Here I want to look at just one issue – the failure to serve a notice under CPR…

DEFENDANT GIVEN PERMISSION TO WITHDRAW ADMISSION: CHANGE IN VALUE OF THE CLAIM IS A RELEVANT CRITERIA

DEFENDANT GIVEN PERMISSION TO WITHDRAW ADMISSION: CHANGE IN VALUE OF THE CLAIM IS A RELEVANT CRITERIA

December 14, 2017 · by gexall · in Admissions, Appeals

An earlier post looked at the decision in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079 (QB) where a defendant was refused permission to withdraw from an admission.  That decision was overturned by the Court of Appeal in Wood…

PROVING THINGS 72: THE BARRISTER'S LAMENT:  BUNDLES WHEN THE CLAIMANT DOES THE DEFENDANT'S JOB FOR THEM

PROVING THINGS 72: THE BARRISTER’S LAMENT: BUNDLES WHEN THE CLAIMANT DOES THE DEFENDANT’S JOB FOR THEM

November 12, 2017 · by gexall · in Admissions, Applications, Civil evidence, Civil Procedure

Much has been written on this blog about the preparation of bundles. Some bundles are prepared on the basis that every single disclosed document should be included.  In doing so many claimants are causing harm to their own case.  Disclosed…

DISPUTE BETWEEN SOLICITORS: PERMISSION TO AMEND REFUSED AS IT WAS A COLLATERAL ATTACK ON AN EARLIER DECISION: CONCESSION MADE BY MISTAKE CANNOT BE WITHDRAWN

DISPUTE BETWEEN SOLICITORS: PERMISSION TO AMEND REFUSED AS IT WAS A COLLATERAL ATTACK ON AN EARLIER DECISION: CONCESSION MADE BY MISTAKE CANNOT BE WITHDRAWN

October 2, 2017 · by gexall · in Admissions, Amendment, Appeals, Applications, Damages

In Mark Lewis Law Ltd & Anor v Taylor Hampton Solicitors Ltd & Anor [2017] EWHC 2359 (QB) Mrs Justice Whipple DBE refused an application by the defendant solicitors to amend its counterclaim shortly before trial. It is a case that…

DEFENDANT'S ADMISSION IS BINDING: BUT PERMISSION TO WITHDRAW ADMISSION GRANTED: HIGH COURT DECISION

DEFENDANT’S ADMISSION IS BINDING: BUT PERMISSION TO WITHDRAW ADMISSION GRANTED: HIGH COURT DECISION

June 7, 2017 · by gexall · in Admissions, Amendment, Applications, RTA Protocol

In Blake -v- Croasdale [2017] EWHC 1336 (QB) His Honour Judge Purle QC (sitting as a Judge of the High Court) decided that an admission made by insurers was a binding admission. However he granted permission to resile from that…

SOCIAL MEDIA: THE BLACK COUNTRY AND CRUISING FOR A FALL: DEFENDANT FILM THYSELF

January 31, 2017 · by gexall · in Admissions, Civil evidence, Committal proceedings, Disclosure, Enforcement

It is easy to cause problems on social media. It is particularly easy to cause problems for yourself. We have looked several times at the role of social media in the courts. Another example can be found in the judgment…

APPEALS, COUNTER-SCHEDULES AND A RESERVE POSITION: NOT MANNA FOR THE DEFENDANTS

January 18, 2017 · by gexall · in Admissions, Appeals, Damages, Schedules, Statements of Case

We will be looking at the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017]  EWCA Civ 12 twice today.  Here I want to look at the difficulties the defendant had in arguing a point in…

APPLICATION TO WITHDRAW ADMISSION REFUSED: SUMMARY JUDGMENT GRANTED

May 10, 2016 · by gexall · in Admissions, Applications, Conduct, Uncategorized

NB – THE JUDGE’S DECISION NOT TO ALLOW THE FIRST DEFENDANT TO WITHDRAW FROM THE ADMISSION WAS SUBSEQUENTLY OVERTURNED ON APPEAL. See the post here. The judgment yesterday in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079…

THE PROTOCOLS: OFFERS AND RAISING NEW POINTS AT THE HEARING

March 23, 2016 · by gexall · in Admissions, Case Management, Civil evidence, Costs, Damages, Uncategorized

The 4 New Square website has a copy of an interesting judgment of His Honour Judge Freedman in Mulholland -v- Hughes (18th September 2015). “I regard it as inequitable and unfair for a defendant, for the first time, to raise…

DISCLOSURE OF DEFENDANT'S SOLVENCY: ADVERSE ASSUMPTIONS CAN BE MADE IN THE ABSENCE OF EVIDENCE

March 9, 2016 · by gexall · in Admissions, Applications, Assessment of Costs, Costs, Security for Costs, Uncategorized

The case of Sarpd Oil International Limited -v- Addax Energy SA [2016] EWCA Civ 120 related to the practice of awarding security for costs by an overseas company which did not have to file accounts. The case raises other points…

VARYING JUDGMENT ENTERED BY CONSENT: CAUSATION, APPEALS AND "NEW" EVIDENCE

January 26, 2016 · by gexall · in Admissions, Amendment, Appeals, Civil Procedure, Default judgment,, Uncategorized

In Atkins -v- The Co-operative Group [2016] EWHC 80 (QB) Mr Justice Supperstone varied  a consent order giving judgment for the claimant on liability.  The appeal against the order was not made until six months after the judgment was entered….

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