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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » October » 12

COURT ORDERED MEDIATION: DRAFT PRECEDENTS

October 12, 2014 · by gexall · in Civil Procedure, Costs, Members Content, Useful links

In Bradley -v- Heslin Norris J set out , in strong terms the desirability of a formal order for mediation. Here we look at the precedents available. THE OBSERVATIONS IN BRADLEY  In Bradley -v- Heslin [2014] EWHC 3276 (Ch) “If in…

WRITTEN SUBMISSIONS: STATEMENTS OF ISSUES; PLEADING AND PROOF

October 12, 2014 · by gexall · in Appeals, Civil Procedure, Members Content, Statements of Case, Written advocacy

The decision of Mr Justice Walker in Burrows -v- Northumbrian Walker Ltd [2014] EWHC 3305(QB) considers the need for clarity in written submission and for the issues the judge is asked to determine to be clearly defined. It also considers…

TRIAL PREPARATION, BUNDLES & WITNESS STATEMENTS: THE JUDGE'S LAMENT

October 12, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Useful links, Witness statements, Written advocacy

The earlier post on the decision in Weathford -v- Hydropath  concentrated upon the application for a non-party costs order.  However in the primary judgment on liability the judge made some all too common criticisms in relation to trial preparation, skeleton…

NON-PARTY COSTS ORDERS: ALL THE LAW IN ONE USEFUL PLACE

October 12, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content

Making an application for a non-party costs order can be a controversial step in the proceedings. The, principles, law and practice are thoroughly reviewed by Mr Justice Akenhead in Weatherford Global Products Ltd -v- Hydropath Holdings Ltd [2014] EWHC 3243…

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COST BITES 461: "LOSING PARTY" SHOULD PAY COSTS AT THE END OF HEARING, DESPITE HAVING BEEN GRANTED PERMISSION TO APPEAL
ARTIFICIAL INTELLIGENCE HALLUCINATIONS - CAUSING PROBLEMS FOR THE PROFESSION AGAIN: "... THIS DECISION ILLUSTRATES THE CONSIDERABLE PROCEDURAL DIFFICULTIES WHICH CAN ARISE WHEN INAPPROPRIATE USE IS MADE OF AI"
THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN - A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: "THIS RULE IS NOT A MATTER OF FORMALITY"
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PARTIES SHOULD NOT ASSUME THAT EXTENSIONS OF TIME WILL BE GRANTED: JUDGE HIGHLY CRITICAL OF DEFENDANT'S CONDUCT OF LITIGATION

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