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

CHANGES TO CHANCERY PROCEDURE FROM 1st OCTOBER

September 17, 2014 · by gexall · in Applications, Civil Procedure, Members Content, Useful links

Master Marsh has put out two Practice Notes which deal with changes in Chancery Procedure from the 1st October 2014. The first deals with lodging of documents electronically and in hard copy.  Documents will not be able to be filed…

COSTS CLAIMED AS DAMAGES 2: THE CASE LAW IN DETAIL

September 17, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Damages, Members Content

I am grateful to P.J.Kirby Q.C. for responding to the previous post on costs claimed as damages.  The situation is far more complex than the passage cited in the Rentokil case suggests. THE ISSUE P.J. asked whether the case of…

WHAT IS THE POSITION WHEN LEGAL COSTS ARE CLAIMED AS A HEAD OF DAMAGES?

September 17, 2014 · by gexall · in Civil evidence, Civil Procedure, Costs, Damages, Expert evidence, Members Content

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) was looked at in the previous post in relation to evidence.  However it also raised an interesting issue as to the approach a court should take when a…

LITIGATION: EVIDENCE; MITIGATION OF LOSS AND "BLACK BOXES" IN THE EVIDENCE

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

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) contains some interesting observations on evidence. In particular what is the position when a party claims privilege and fails to disclose legal advice relating to a settlement…

CORONER'S HEARINGS AND THE USE OF HEARSAY EVIDENCE

September 17, 2014 · by gexall · in Civil evidence, Members Content

The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts.  It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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