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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » February » 09

MITCHELL IN THE CONTEXT OF A TAX APPEAL: HMRC HIT A STONE WALL.

February 9, 2014 · by gexall · in Appeals, Civil Procedure, Members Content, Relief from sanctions

As previous posts have shown the Mitchell criteria are being considered in wider contexts.  In R&CC –v- McCarthy & Stone (Developments) Limited the Upper Tribunal (Finance and Tax) applied it to the government’s application to appeal a decision out of…

MITCHELL AND SANCTIONS IN THE CONTEXT OF JUDICIAL REVIEW: WAS IT WORTH THE CANDLE?

February 9, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions

It is clear that the Mitchell principles are being applied widely. In The Queen on the Application of Royal Free London NHS Foundation Trust, Mr Justice Coulson considered the principles in the context of a late application in judicial review…

AN ASSESSMENT OF COSTS BITES THE DUST: COURT RESOURCES, PROPORTIONALITY AND COURT PATIENCE IN THE ASSESSMENT PROCESS.

February 9, 2014 · by gexall · in Costs, Costs budgeting, Members Content, Written advocacy

The decision of Mr Justice Teare in  Mount Eden Land Ltd –v- Speechly Bircham [2014] EWHC 169 (QB) is a case of the courts ending a detailed and lengthy costs assessment because of the behaviour of the claimant. It has wider…

DEFECTIVE WRITTEN SUBMISSIONS: ANOTHER VIEW FROM THE BENCH (USA STYLE)

February 9, 2014 · by gexall · in Civil Procedure, Members Content, Written advocacy

I have written before about written advocacy and given examples of robust approaches from American judges. There is a site devoted to good legal writing.  It gives an example of a judge who pulls no punches. A SECRET PACT TO…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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