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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2014 » April » 11

SIR JACK JACOB QC AND THE FABRIC OF ENGLISH CIVIL JUSTICE: LESSONS FOR TODAY?

April 11, 2014 · by gexall · in Civil Procedure, Uncategorized

With the speed in which modern litigation is conducted it is often difficult to pause and reflect, let alone look back to assess whether experts from the past can assist.  For some time I have been looking for a copy…

CAN MITCHELL BE UTILISED IF THERE ARE SEVERAL MINOR BREACHES? UTILISE -v- CRANSTOUN CONSIDERED: LATE FILING OF COSTS BUDGETS CAUSES ANOTHER PARTY TO COME TO GRIEF

April 11, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Costs budgeting, Relief from sanctions

In Utilise -v- Cranstoun [2014] EWHC 834 (Ch) Judge Hodge QC, sitting as a judge of the High Court, considered another issue arising out of the Mitchell criteria – in essence what is the effect of two trivial breaches on…

THE APPROPRIATE CRITERIA FOR REINSTATEMENT WHEN AN ACTION IS STRUCK OUT OF COURT'S OWN MOTION: HALEY -v- SIDDIQUE CONSIDERED

April 11, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Relief from sanctions, Striking out, Uncategorized

In Haley -v- Siddique [2014] EWHC 835 (Ch) Judge Hodge Q.C., sitting as a judge of the High Court, considered issues arising from a striking out order made of the court’s own motion.  His judgment states that the case provides…

"PAPER MUST VANISH FROM THIS COURT": CANADIAN JUDGE ORDERS E-TRIAL TO PREVENT COURTS BECOMING MUSEUM PIECES

April 11, 2014 · by gexall · in Civil Procedure, Disclosure

At a time when increased resources are promised to the court it is interesting to read the observations in the Canadian Courts of Brown J in the case of Broome Financial Corporation -v- Bank of Montreal 2014 ONSC 2178 (CanLII). Essentially…

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