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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » February » 01

CHILDREN CASES AND THE RECOVERY OF A SUCCESS FEE: CHANGES COMING INTO FORCE ON APRIL 6th

February 1, 2015 · by gexall · in Applications, Civil Procedure, Costs, Damages, Members Content

Amidst all the changes to Part 36 it is easy to miss the fact that changes in relation to children cases on the 6th April 2015. In essence this provides a mechanism for the court to consider the deduction of…

WITNESS CREDIBILITY: WHAT FACTORS DOES THE COURT LOOK AT? ANOTHER EXAMPLE FROM THE MERCANTILE COURT

February 1, 2015 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

The case of Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile was looked at in an earlier post in relation to the judge’s observations about the costs budget*. It did, however, contain important observations about the way in which judges assess…

THE COURT OF APPEAL CAN RE-OPEN A DECISION TO REFUSE PERMISSION TO APPEAL WHEN IT IS ALLEGED THE JUDGMENT WAS OBTAINED BY FRAUD

February 1, 2015 · by gexall · in Appeals, Applications, Members Content, Uncategorized, Witness statements

In Bishop -v- Chhokar [2015] EWCA Civ 24 the Court of Appeal decided that it had jurisdiction to re-open an order refusing permission to appeal when it was alleged that a judgment was obtained by fraud. THE CASE The respondent…

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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)
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"
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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THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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