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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » February » 17

REMEMBERING THAT CASE MANAGEMENT HAS A POINT AND PURPOSE: A WORKING EXAMPLE OF PROBLEMATIC PREPARATION

February 17, 2014 · by gexall · in Applications, Civil Procedure, Members Content

In the furore that now surrounds civil procedure it is often forgotten that the rules of civil procedure are a means to an end. That end being that there IS a fair trial on the disputed issues between the parties,….

SURVIVING MITCHELL 10: AGREEMENTS TO EXTEND TIME YET AGAIN: NEW STANDARD DIRECTIONS

February 17, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

The problems surrounding agreements to extend time remain a constant headache for litigators ever since the decision in Lloyd stated that it was not open to the parties to agree to extend time by consent.  Here we look at the…

MAKING SURE YOUR COMPLIANCE IS SHIP SHAPE: LAKATAMIA SHIPPING CO LTD –V- NOBU SU CONSIDERED IN DETAIL

February 17, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Relief from sanctions, Serving documents

This decision by Hamblen J and reported at [2014] EWHC 275 was dealt with briefly last week.  Here we take a detailed look at the case which involves several issues, including: Time for compliance with an order. The meaning of…

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  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
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