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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 » 29

SURVIVING MITCHELL 20: THE GREAT BIG OVERALL CHECKLIST

May 29, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Relief from sanctions, Witness statements

I suspect that this series could go on indefinitely.  It is drawn to a close with a round up of the key points. KEY POINTS 1. Know what happened in Mitchell and how it could have been avoided. 2. Assume…

SURVIVING MITCHELL 19: PRACTICE "DEFENSIVE LITIGATION" OR DON'T PRACTICE AT ALL

May 29, 2014 · by gexall · in Applications, Avoiding negligence claims, Relief from sanctions, Risks of litigation

This is the 19th (and penultimate) in this series on “surviving Mitchell”. What the Mitchell case makes clear is that there is now precious little room for error in civil procedure. We have to develop systems of “defensive litigation”. That…

“MITCHELL BITES TO PENALISE LITIGANTS WHO FAIL TO COMPLY”: EXTENSIONS OF TIME, APPEALS AND BAHO.

May 29, 2014 · by gexall · in Appeals, Applications, Relief from sanctions

The case of Baho & Ors –v- Meerza [2014] EWCA Civ 669 is a further example of a litigant coming to grief because they failed to file an application in time and make the application for an extension of time…

PROMPTNESS AND APPLICATIONS TO SET ASIDE JUDGMENT : THE BIG YELLOW VAN –V- RAYNER 27/05/2014 CONSIDERED

May 29, 2014 · by gexall · in Applications, Relief from sanctions

PROMPTNESS AND APPLICATIONS TO SET ASIDE JUDGMENT : THE BIG YELLOW VAN –V- RAYNER (2014) IPEC (Judge Hacon) 27/05/2014 CONSIDERED  The importance of a prompt response to procedural issues and setting aside default judgment has been explored previously on this…

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