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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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COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)

COMMITTAL PROCEEDINGS: LEGAL AID IS AVAILABLE WITHOUT ASSESSMENT OF MERITS OR MEANS: BUT WHERE DOES A RESPONDENT OBTAIN REPRESENTATION (LOOK HERE I HOPE)

November 18, 2019 · by gexall · in Access to justice, Committal proceedings

The problems caused by civil committal proceedings have been a constant theme on this throughout the year (and for some time before).  The problems may be reduced, to some extent, by the judgment of Mr Justice Chamberlain in  The All…

CIVIL COMMITTAL PROCEEDINGS (YET AGAIN...): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED

CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED

October 17, 2019 · by gexall · in Access to justice, Appeals, Committal proceedings

Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in  O (Committal: Legal Representation) [2019] EWCA Civ 1721.  Legal representation, if requested, is essential if committal proceedings are to be valid….

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK - A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK – A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

July 25, 2019 · by gexall · in Access to justice, Book Review

This small, but important, book from the Justice Alliance is (I imagine) deliberately designed to resemble the campaigning pamphlets that used to be an essential part of public and political debate.  It was printed by the Legal Action Group and…

THE ROLE OF THE SOLICITOR IN PERSONAL INJURY LITIGATION: IDEAS TAKEN FROM THE SECRET BARRISTER

July 9, 2019 · by gexall · in Access to justice, Advocacy, Personal Injury

There was a tweet yesterday from someone (a non-lawyer) asserting that personal injury lawyers did not need to know the law.  His purpose, I suspect, was to lead on to an argument that the work could be done by someone…

"THE COURT REFORM PROGRAMME IS MARKED BY RECKLESSNESS AND LACK OF FORESIGHT": VIEWS FROM THE FRONT LINE: MORE RESPONSES TO THE JUSTICE COMMITTEE

“THE COURT REFORM PROGRAMME IS MARKED BY RECKLESSNESS AND LACK OF FORESIGHT”: VIEWS FROM THE FRONT LINE: MORE RESPONSES TO THE JUSTICE COMMITTEE

May 21, 2019 · by gexall · in Access to justice

The responses to the Justice Committee review are a virtual gold mine of information for anyone interested in civil procedure and the practical impact of court reforms. The reforms have not meant improvements, far from it. This can be seen…

CLOSING COURTS: MORE MADNESS AND MAYHEM FROM HMCTS: CLOSING MORE COURTS & NO PROPER RESEARCH (BUT THEY'VE PAID £30 MILLION TO "CONSULTANTS" SO EVERYTHING WILL BE FINE

CLOSING COURTS: MORE MADNESS AND MAYHEM FROM HMCTS: CLOSING MORE COURTS & NO PROPER RESEARCH (BUT THEY’VE PAID £30 MILLION TO “CONSULTANTS” SO EVERYTHING WILL BE FINE

May 19, 2019 · by gexall · in Access to justice

Anyone concerned with access to justice knows that this includes physical access. There have to be courts for people to go to.I want to encourage everyone to read and to respond to the HMCTS document “Fit for the future: transforming…

THE BALLAD OF READING COUNTY COURT LIFT: IN POETRY

THE BALLAD OF READING COUNTY COURT LIFT: IN POETRY

May 12, 2019 · by gexall · in Access to justice

Barrister Rawdon Crozier has put the plight of Reading County Court life into a poem. It speaks for itself, as all good poetry should.   The Ballad of Reading County Court Lift I never saw a lift which looked With…

THE BALLAD OF READING COUNTY COURT LIFT: THIS IS A TRAGEDY NOT A COMEDY

THE BALLAD OF READING COUNTY COURT LIFT: THIS IS A TRAGEDY NOT A COMEDY

May 12, 2019 · by gexall · in Access to justice

The earlier post about the Twitter account of  broken lift in Reading County Court has already led to a lot of responses.  This is a battle being fought with humour, however its consequences are serious, profoundly serious.  Many people have…

THE BALLAD OF READING COUNTY COURT LIFT:  THE LIFT WITH ITS OWN TWITTER ACCOUNT - AN ESCALATING PROBLEM

THE BALLAD OF READING COUNTY COURT LIFT: THE LIFT WITH ITS OWN TWITTER ACCOUNT – AN ESCALATING PROBLEM

May 12, 2019 · by gexall · in Access to justice, Useful links

Last week I went to Reading County Court.  This was a new court to me and I asked the Legal Twitterati for directions (“out of the station turn left at Snappy Snaps”, for anyone who needs to know). What was…

"THE STATE HAS SIMPLY WASHED ITS HANDS OF THE PROBLEM, LEAVING THE SOLUTION... TO THE GOODWILL, AND CHARITY, OF THE LEGAL PROFESSION"

“THE STATE HAS SIMPLY WASHED ITS HANDS OF THE PROBLEM, LEAVING THE SOLUTION… TO THE GOODWILL, AND CHARITY, OF THE LEGAL PROFESSION”

March 22, 2019 · by gexall · in Access to justice

Every sensible citizen should read the judgment of Sir James Munby in M v P [2019] EWFC 14.   It is a classic case of the government creating a problem and leaving the victims unsupported (whilst it employs a formidable legal team…

WHEN THE COURT LETS YOU DOWN: A WORRYING CHRONOLOGY

WHEN THE COURT LETS YOU DOWN: A WORRYING CHRONOLOGY

January 28, 2019 · by gexall · in Access to justice

In  BC v BG [2019] EWFC 7  the court rejected an application to set aside an arbitration award made in ancillary relief proceedings. The application was unsuccessful (and the applicant awarded to pay costs). However the issue of concern is the…

THE LANGUAGE OF LAW: A JUDGMENT THAT IS WRITTEN FOR THE BENEFIT OF A CHILD

THE LANGUAGE OF LAW: A JUDGMENT THAT IS WRITTEN FOR THE BENEFIT OF A CHILD

January 24, 2019 · by gexall · in Access to justice

A short tweet I did yesterday has caused dozens of comments. It is not about a civil case but a family case. However it is a matter of universal interest, the language of law.  In this case the judgment had…

"CIVIL JUSTICE IS A PUBLIC GOOD": SPEECH BY LORD JUSTICE GROSS: WHY WE ARE WORKING IN THE "CINDERELLA" SECTOR

“CIVIL JUSTICE IS A PUBLIC GOOD”: SPEECH BY LORD JUSTICE GROSS: WHY WE ARE WORKING IN THE “CINDERELLA” SECTOR

January 17, 2019 · by gexall · in Access to justice, Useful links

This morning I am encouraging you all to read the speech of Lord Justice Gross given to the London Common Law & Commercial Bar Association Annual Lecture. It is a wide-ranging speech, the essential theme is that Civil Justice is…

ARROGANT, RUDE, SEXIST (AND AT TIMES BARELY LITERATE): THE MINISTRY OF JUSTICE: WE ALL DESERVE BETTER MUCH, MUCH BETTER

January 6, 2019 · by gexall · in Abuse of Process, Access to justice

My “litigator’s New Year’s resolution” for 2019 was to recommend that everyone read more of Emily Dugan’s work on exposing the impact of the cuts at the Ministry of Justice. When I wrote the “resolution” I could not have conceived…

A NEW YEAR’S RESOLUTION FOR LITIGATORS: READ BUZZFEED MORE OFTEN: FIND OUT WHAT JUDGES REALLY THINK AND THE MOJ’S HIGHLY “SELECTIVE” USE OF STATISTICS

January 1, 2019 · by gexall · in Access to justice

I have written before about the impressive work done by the journalist Emily Duggan on Buzzfeed News. Emily is one of the people who keeps a close, and sceptical, eye on what we are being told about reforms to the …

THE JUSTICE PAPERS FOR JUSTICE WEEK:  ESSENTIAL READING: VIEWS FROM THE SHARP END

THE JUSTICE PAPERS FOR JUSTICE WEEK: ESSENTIAL READING: VIEWS FROM THE SHARP END

November 5, 2018 · by gexall · in Access to justice, Useful links

The Bar Council has circulated  links to a number of papers written in support of Justice Week : “a series of personal accounts giving first-hand insight into the crises occurring across the system.”  Every one of these deserves the widest publicity…

"EFFICIENCY" AND THE COURT SYSTEM 3: WANT TO BE A LAWYER? BUY YOURSELF A SELFIE STICK

“EFFICIENCY” AND THE COURT SYSTEM 3: WANT TO BE A LAWYER? BUY YOURSELF A SELFIE STICK

September 18, 2018 · by gexall · in Access to justice, Bundles, Civil evidence

In the third (and I suspect not the last) I want to set out a series of tweets which arose from the earlier posts on this topic. There were a series of tweets about the problems caused by courts losing…

"EFFICIENCY" AND THE COURT SYSTEM 2: A COMEDY OF ERRORS - YOU BE THE JUDGE

“EFFICIENCY” AND THE COURT SYSTEM 2: A COMEDY OF ERRORS – YOU BE THE JUDGE

September 17, 2018 · by gexall · in Access to justice, Bundles, Case Management

Yesterday I did a short post on court errors. I have been given permission to post another one. Again I will let the facts speak for themselves.  A series of tweets from Mairead‏ @m417ead 10 repeated with their permission.  A SAD SAGA Trial 1…

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN'T KNOW HOW TO PROVE THINGS: "THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING"

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN’T KNOW HOW TO PROVE THINGS: “THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING”

July 9, 2018 · by gexall · in Access to justice, Applications, Civil evidence

A body charged with the delivery of legal services to some of the most vulnerable people in our society (and which, incidentally, is in charge of the justice system) should  be making decisions that are logical and justifiable – you…

LITIGANTS IN PERSON & FREEDOM OF INFORMATION: MINISTRY OF JUSTICE COULD BE ON THE NAUGHTY STEP

LITIGANTS IN PERSON & FREEDOM OF INFORMATION: MINISTRY OF JUSTICE COULD BE ON THE NAUGHTY STEP

May 10, 2018 · by gexall · in Access to justice, Conduct

Just to keep people up to date with the recent posts about the Ministry of Justice and the disclosure of the research in relation to litigants in person. The MOJ has now been reported to the Information Commissioner. A RECAP…

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