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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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