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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Zenith Chambers, Leeds, & Hardwicke, London
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NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

NON-COMPLIANCE WITH PEREMPTORY ORDERS: THE FULL JUDGMENT IN POWELL -v- WATFORD BOROUGH COUNCIL

September 23, 2017 · by gexall · in Applications, Civil Procedure, Conduct, Disclosure, Peremptory orders, Sanctions

I have written before about the judgment of Mr Justice Jay in Powell -v- Watford Borough Council [2017] EWHC 2283 (QB). The full transcript has now become available. It deals with an important point about the need to follow the…

FALSE EMAILS, METADATA AND  CPR 32.19:  A "PROCESS OF FALSIFICATION AND KNOWINGLY PUTTING FORWARD EVIDENCE THAT IS FALSE"

FALSE EMAILS, METADATA AND CPR 32.19: A “PROCESS OF FALSIFICATION AND KNOWINGLY PUTTING FORWARD EVIDENCE THAT IS FALSE”

August 1, 2017 · by gexall · in Civil evidence, Disclosure

 The case of 44 Wellfit Street Ltd v GMR Services Ltd [2017] EWHC 1841 (Ch) was described by Chris Dale as being  “like one a much-expanded version of those old-style Finals questions with kitchen sink thrown in”.  The judgment of Chief…

DEFICIENCIES IN DISCLOSURE: READING THIS JUDGMENT IS NOT LIKE WATCHING PAINT DRY

DEFICIENCIES IN DISCLOSURE: READING THIS JUDGMENT IS NOT LIKE WATCHING PAINT DRY

July 14, 2017 · by gexall · in Civil evidence, Disclosure

A case that concerns the fitting of specialist piping at a paint factory may seem an unlikely starting point for procedural controversy. However I am looking again in the judgment of Mr Justice Fraser in Imperial Chemical Industries Limited -v- Merit…

INADEQUATE DISCLOSURE LEADS TO DEFENCE BEING STRUCK OUT - EVENTUALLY: CASE THAT WAS NOT A WALK IN THE PARK

INADEQUATE DISCLOSURE LEADS TO DEFENCE BEING STRUCK OUT – EVENTUALLY: CASE THAT WAS NOT A WALK IN THE PARK

July 11, 2017 · by gexall · in Appeals, Civil Procedure, Disclosure, Statements of Case, Striking out

There is a brief report on Lawtel today of the case of Powell -v- Watford Borough Council, a decision made yesterday by Mr Justice Jay (10th July 2017) in the Royal Courts of Justice . This post is based in…

DOCUMENTS, AUTHENTICITY AND ADMISSIONS: A TIMELY REMINDER OF THE PROVISIONS OF CPR 32.19

DOCUMENTS, AUTHENTICITY AND ADMISSIONS: A TIMELY REMINDER OF THE PROVISIONS OF CPR 32.19

July 2, 2017 · by gexall · in Civil evidence, Disclosure, Uncategorized

I said in the previous post that there are several reasons litigators should read the judgment of  HHJ Paul Matthews (sitting as a High Court Judge) in Jones -v- Oven [2017] EWHC 1647 (Ch). One of those reasons is that it contains…

PROVING THINGS 63: LAW SOCIETY FAILS TO PROVE IT MAKES A LOSS: "DISAPPOINTING, TO SAY THE LEAST"

PROVING THINGS 63: LAW SOCIETY FAILS TO PROVE IT MAKES A LOSS: “DISAPPOINTING, TO SAY THE LEAST”

June 2, 2017 · by gexall · in Civil evidence, Disclosure, Education

The Law Society put forward a budget of £637,000* to defend the action in Socrates Training Limited -v- The Law Society of England and Wales [2017] CAT 10.  The Law Society, however suffered from a basic failure to prove one…

EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

EXPERTS AND EVIDENCE: WHEN THE CASE GETS PIECED TOGETHER ON THE EVE OF THE TRIAL

May 26, 2017 · by gexall · in Civil evidence, Clinical Negligence, Disclosure, Expert evidence, Experts

In the course of a very detailed judgment today  in a clinical negligence case Mr Justice Langstaff made some important observations about expert evidence. He observed that late evidence may lead to costs consequences. Given that the whole rationale of…

LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE

LIES, DAMN LIES AND CAR HIRE QUOTES: COMPUTER RECORDS, AND INTERNAL DOCUMENTS PREFERRED TO WITNESS EVIDENCE

May 24, 2017 · by gexall · in Civil evidence, Civil Procedure, Committal proceedings, Disclosure, Witness statements

The judgment in Accident Exchange Limited -v- Broom [2017] EWHC 1096 (Admin) shows a deliberate, and concerted, effort to undermine the civil justice process. It also shows the importance of obtaining computer records, and internal documentation when preparing a trial….

WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT? NOTHING

WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT? NOTHING

May 18, 2017 · by gexall · in Applications, Damages, Disclosure, Striking out

What is the position of a defendant whose action has been struck out?  This was the question considered by Mr Justice Soole in Michael -v- Phillips [2017] EWHC 1984 (QB). The short answer is the defendant cannot dispute any aspect…

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT'S INSURANCE COVER

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT’S INSURANCE COVER

April 27, 2017 · by gexall · in Disclosure

In Peel Port Shareholder Finance Company Ltd-v- Dornoch Ltd [2017] EWHC 876 (TCC) Mr Justice Jefford refused an application for pre-action disclosure of an insurance policy. There is an interesting discussion of the scope of pre-action disclosure and the interrelationship…

PRESSING THE WRONG BUTTON: THE PERILS OF  EMAIL "REPLY ALL"  IN LITIGATION (OR ARBITRATION)

PRESSING THE WRONG BUTTON: THE PERILS OF EMAIL “REPLY ALL” IN LITIGATION (OR ARBITRATION)

April 25, 2017 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Disclosure

Many, if not all, of us will have made some errors with emails on some occasion.  There is a danger, however, when this happens in litigation. This can be seen in the judgment of Mr Justice Popplewell  in T -v-…

TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT

TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT

March 10, 2017 · by gexall · in Civil evidence, Damages, Disclosure

The judgment of Mr Justice Warby in Monroe -v- Hopkins [2017] EWHC 433 (QB)  has already attracted a lot of attention.   Here I want to look at the issues relating to the evidence.  The case is one of the…

DISCLOSURE, CASE MANAGEMENT,  THE COLLATERAL USE OF DOCUMENTS AND  PROPORTIONALITY

DISCLOSURE, CASE MANAGEMENT, THE COLLATERAL USE OF DOCUMENTS AND PROPORTIONALITY

February 24, 2017 · by gexall · in Civil Procedure, Disclosure

There are some passages in the judgment of Mr Justice Knowles in Tchenguiz -v- Grant Thornton UK LLP [2017] EWHC 310 (Comm) which highlight, succinctly, the nature of disclosure and the scope of “collateral use protection” in relation to documents…

E-DISCLOSURE: UNLESS ORDERS: STRIKING OUT, COMPLIANCE AND DENTON: DEFENDANTS COME TO GRIEF

February 2, 2017 · by gexall · in Appeals, Disclosure, Relief from sanctions

There is a lot to consider in the judgment today of Mr Justice Green in Micheal -v- Phillips [2017] EWHC 42 (QB). It relates to inadequate disclosure; retention of electronic documents; peremptory orders and relief from sanctions. Things did not…

FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY

February 1, 2017 · by gexall · in Appeals, Applications, Costs, Disclosure, QOCS

The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…

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…

WHAT THEY DON’T TEACH YOU AT LAW SCHOOL VI: NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT

January 18, 2017 · by gexall · in Disclosure

One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court.  There are plenty of examples of emails, attendance…

MINISTRY OF DEFENCE REFUSED EXTENSION OF TIME TO COMPLY WITH PEREMPTORY ORDER: ORDERS ARE ORDERS

November 24, 2016 · by gexall · in Applications, Disclosure, Extensions of time, Relief from sanctions, Uncategorized

In Eaglesham -v- Ministry of Defence [2016] EWHC 3011 (QB) Mrs Justice Andrews DBE refused the defendant’s application for an extension of time for compliance with an unless order. The Defence was struck out. “A party who faces genuine difficulties…

WITNESS STATEMENTS & DISCLOSURE: OMISSIONS MEAN THAT CASE FAILS AT SECOND HURDLE AND HAS TO GO BACK TO THE START

November 24, 2016 · by gexall · in Appeals, Disclosure, Uncategorized, Witness statements

S  When a proponent of proportionate litigation, such as Jackson L.J., orders a retrial in a case where the judgment was for £4,449 the case merits examination. In Knowles -v- Watson [2016] EWCA Civ 1122 a re-trial was ordered because…

LEGAL REPRESENTATIVE SIGNING THE DISCLOSURE STATEMENT II: SEE WHAT THE COMMERCIAL COURTS GUIDE SAYS: BUT…

November 15, 2016 · by gexall · in Civil evidence, Civil Procedure, Disclosure, Statements of Truth, Uncategorized

The post on legal representatives signing the disclosure statement written earlier in the week had a lot of response. My attention has been drawn to the Admiralty & Commercial Courts Guide  which suggests (in certain undefined circumstances) a legal representative…

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