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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » October » Page 2

A PARTY UNREASONABLY REFUSES TO MEDIATE BUT RECOVERS ALL ITS COSTS: WHY NORTHGROP GRUMMAN (2) IS ESSENTIAL READING

October 5, 2014 · by gexall · in Applications, Civil Procedure, Costs, Members Content

The question of costs liability following an “unreasonable” failure to mediate remain a developing area of law. This is an area with profound practical implications for litigators and their clients. That is why the decision of Mr Justice Ramsey in…

RELIEF FROM SANCTIONS GRANTED: RESPONDENT'S "OPPORTUNISTIC" BEHAVIOUR CONDEMNED

October 3, 2014 · by gexall · in Appeals, Applications, Costs, Members Content, Relief from sanctions

In Long -v- Value Properties [2014] EWHC 2981 (Ch) Mr Justice Barling roundly condemned the defendants for taking opportunistic points in litigation. The judge overturned a decision by the Master refusing relief from sanctions. THE FACTS This was an application…

CALDERBANK OFFER HAD NO EFFECT ON OUTCOME IN RELATION TO COSTS:

October 2, 2014 · by gexall · in Appeals, Applications, Costs, Damages, Members Content

Some parties make “Calderbank” offers in place of Part 36 offers. The effect of a Calderbank offer and whether it should affect an order for costs was considered by the Court of Appeal today in Coward -v- Phaesetos [2014] EWCA…

PLEADING AND PROVING ALLEGATIONS OF FRAUD OR DISHONESTY: MULLARKE -v- BROAD: USEFUL LINKS AND GUIDANCE

October 2, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Written advocacy

Great care needs to be taken in pleading allegations of fraud or dishonesty.  In particular the pleader needs to be sure that there is sufficient evidence to justify the pleading.  This was considered in some detail by Lewison J in…

NO INDEMNITY COSTS: GORGEOUS BEAUTY 2

October 2, 2014 · by gexall · in Applications, Civil Procedure, Costs, Members Content

We looked at the Gorgeous Beauty case earlier in the context of witness evidence. I am grateful to Jon Lord for bringing my attention to the subsequent decision on costs.  The judge declined to order indemnity costs and awarded the…

INVOLUNTARY BAILMENT AND CIVIL PROCEDURE: CAMPBELL -v- REDSTONE CONSIDERED

October 2, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Damages, Liability, Members Content, Risks of litigation

The law as to bailment sometimes raises its head in civil procedure. It is relevant for instance when someone damages a car which is borrowed. It is more significant in relation to the duties owed in relation to goods left…

MORE ON WITNESS CREDIBILITY: McIntyre & HENNESSY -v- THE HOME OFFICE

October 1, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We have looked at issues of witness credibility many times before. It is often the key issue when a matter reaches trial. A graphic example of credibility issues can be found in the judgment of Mr Justice Mostyn in McIntyre…

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