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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

This is the third case today about the issue of costs and the conduct of proceedings. It is the most  complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed…

COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS

July 30, 2015 · by gexall · in Applications, Civil Procedure, Expert evidence, Experts, Uncategorized

The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…

COSTS AND CONDUCT 2: LOSER PAYS ALL APPLIES: MOORE IS NOT LESS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

In The London Borough of Tower Hamlets -v- The London Borough of Bromley [2015] EWHC 2271 (Ch) Mr Justice Norris refused an application for an issue based order and made an order for costs under the general rule that the…

COSTS & CONDUCT 1: MULTIPLE PARTIES, "BULLOCK" AND "SANDERSON" ORDERS AND INDEMNITY COSTS TO THE DEFENDANTS

July 30, 2015 · by gexall · in Civil Procedure, Costs, Uncategorized

There are several cases today where the courts have considered the issue of where costs should fall and how judicial discretion should be exercised.  The first we consider is Asghar -v- Ahmad [2015] EWHC 2234 (QB) a decision of Mr…

OUCH! THINKING OF DRAFTING A COSTS BUDGET? BEST READ THIS FIRST

July 30, 2015 · by gexall · in Costs budgeting, Uncategorized

The judgment of Mr Justice Stuart-Smith in GSK Project Management Ltd -v- QPR Holdings Ltd [2015] EWHC 2274 (TCC) is one that needs to read by anyone involved in preparing a costs budget. To say the judge was critical of…

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