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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » April » 28

ADVISING CLIENTS PROPERLY AND THE ECONOMICS OF PRACTICE: WHEN DRAWINGS ARE AT £9.9 MILLION

April 28, 2015 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content

The earlier post on Procter -v- Raley’s solicitors contained a submission on behalf of the defendant that it was necessary “in modern conditions” for solicitors to “commoditise” their advice to clients. The Court of Appeal were doubtful on that point because there…

LETTERS OF EXPLANATION NOT GOOD ENOUGH: SOLICITOR SHOULD HAVE EXPLAINED MATTERS TO THE CLIENT: COURT OF APPEAL UPHOLD DECISION ON SOLICITOR'S NEGLIGENCE

April 28, 2015 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Members Content, Personal Injury

In Procter -v- Raleys Solicitors [2015] EWCA Civ 400 the Court of Appeal upheld a decision at first instance that a failure to give an oral explanation to a client was negligent.  The solicitors could not simply rely on standard…

INTERIM PAYMENTS; SERIOUS INJURY; ACCOMMODATION AND EELES

April 28, 2015 · by gexall · in Civil Procedure, Damages, Expert evidence, Members Content, Statements of Case

The very first post on this blog was a review of the law relating to interim payments in personal injury cases after Eeles. This issue was raised against in the decision of Grainger -v- Cooper [2015] EWHC 1132 (QB). THE…

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Recent Posts

  • A PARTY CANNOT ADVANCE ONE CASE IN ONE SET OF PROCEEDINGS AND THE OPPOSITE CASE IN ANOTHER: ESTOPPEL BY CONDUCT LEADS TO A COUNTERCLAIM BEING STRUCK OUT: COURT OF APPEAL DECISION
  • COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: “THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT”
  • COST BITES 425: THE EAT OVERTURNS AN ORDER “ASSESSING” COSTS: THE ET APPLIED THE WRONG TEST IN RELATION TO THE CLAIANT’S MEANS, AND THEN FAILED TO SHOW IT HAD ASSESSED THE COSTS SCHEDULE AT ALL..
  • SHOULD UNDUE DELAY AND “GROVIT” ABUSE LEAD TO AN ACTION BEING STRUCK OUT UNLESS THERE ARE COMPELLING REASONS NO TO DO SO? THE COURT OF APPEAL CONSIDER THE ISSUES
  • BACK TO BASICS MONDAY: WHAT DOCUMENTS NEED TO BE IN AN APPEAL BUNDLE? A JUDGMENT ON THAT VERY POINT:”DOCUMENTS GENUINELY REQUIRED FOR DETERMINATION OF THE APPEAL”

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COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
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COST BITES 426: COURT OF APPEAL OVERTURNS DECISION THAT A CLAIMANT IN THE SMALL CLAIMS TRACK SHOULD PAY COSTS AFTER DISCONTINUING: "THE SMALL CLAIMS TRACK IS DESIGNED TO BE DIFFERENT"

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