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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » February » 24

MORE ON BUNDLES: THERE IS MUCH TIME & MONEY TO BE SAVED YET

February 24, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Written advocacy

I have often commented (and been surprised) by the fact that a post on preparing trial bundles is always the most popular page on this blog.  Following a prompt from Dominic Regan it was interesting to watch the live feed…

INADEQUATE WITNESS STATEMENTS LEAD TO CASE BEING STRUCK OUT AT TRIAL

February 24, 2015 · by gexall · in Appeals, Applications, Civil evidence, Damages, Disclosure, Members Content, Statements of Case, Witness statements

We have looked at the case of  Devon & Cornwall Autistic Community Trust -v- Cornwall Council before.  In the first report Mr Justice Green refused an application to adjourn a trial date but gave permission to serve witness evidence late….

ANOTHER EXAMPLE OF A SUCCESSFUL DEFENDANT NOT RECOVERING ALL OF ITS COSTS (AND OF THE ADVANTAGES OF A PART 36 OFFER)

February 24, 2015 · by gexall · in Applications, Civil Procedure, Costs, Members Content, Risks of litigation

In Altus Group (UK) Limited -v- Baker Tilly [2015] EWHC 411 (Ch) HH Judge Keyser QC (sitting as a High Court Judge) made various orders in relation to the Defendant’s costs.  The Defendant did not recover all their costs of…

UNSUCCESSFUL APPEAL AGAINST GRANT OF RELIEF FROM SANCTIONS: HOME GROUP LIMITED -v- MATREJEK

February 24, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions, Written advocacy

There may be a few appeals pending where a party is arguing that relief from sanctions should be granted on the grounds of the Denton criteria which “modified” the Mitchell test.  The unusual aspect of the decision in Home Group…

DECIDING CASES ON PAPER: WOODLANDS, EVIDENCE & DECIDING CASES "ONLINE"

February 24, 2015 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements, Written advocacy

The decision in Woodland -v- Maxwell looked at in an earlier blog is interesting because it is one of the rare cases where the Court of Appeal carried out a (brief) analysis of the evidence in the case more than…

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