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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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Recent Posts

  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING “MIXED” SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO…)

Top Posts

  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID

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