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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 » May » 11

SKELETON ARGUMENTS: IF YOU DON'T DO THEM PROPERLY YOU WON'T GET PAID!

May 11, 2014 · by gexall · in Appeals, Costs, Written advocacy

The judicial review/planning law case of Secretary of State for Local Government -v-  Hopkins Development Ltd [2014] EWCA Civ 470 contains some interesting observations of general interest to civil litigators. THE SKELETON ARGUMENTS Jackson L.J. prefaced his judgment with observations…

AMENDING PLEADINGS LATE AND MITCHELL: NOT A SMOOTH JOURNEY

May 11, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Statements of Case

What relevance do the Mitchell principles have in relation to applications to amend pleadings. Particularly when those applications are made late?  This was considered by  Mrs Justice Andrews in Dany Lions Ltd -v- Bristol Cars Ltd [2014] EWHC (QB) 928….

CHANGING THE TRIAL DATE : A CASE IN POINT: MITCHELL REMAINS A "TOP BRAND"

May 11, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions, Statements of Case

Ever since the introduction of the Woolf reforms the trial date has been viewed as fairly sacrosanct. Once set it is hard to change without a good reason. This position has probably hardened as a result of Mitchell.  The issue…

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