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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » February » 09

ORDERING A SPLIT TRIAL ON PRELIMINARY ISSUES: A CAUTIONARY TALE

February 9, 2016 · by gexall · in Applications, Civil evidence, Civil Procedure, Limitation, Members Content, Uncategorized

In Larkfleet -v- Allison Homes Eastern Limited [2016] EWHC 195 (TCC) Mr Justice Fraser made some important observations about the need for total clarity when a court orders the trial of a preliminary issue of law. ‘Preliminary points of law…

PROVING THINGS 4: WITNESSES WHO JUST AREN'T THERE

February 9, 2016 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

We have looked at three recent cases where there was simply not the evidence at court to prove the case.  In Caliendo -v- Mischon De Reya [2016] EWHC 150 (Ch) there is a whole section of the judgment devoted to…

MOVING FROM LEGAL AID TO CFAS: RECENT DEVELOPMENTS

February 9, 2016 · by gexall · in Appeals, Assessment of Costs, Conditional Fee Agreements, Members Content, Uncategorized, Useful links

NB see the appeals in relation to these issues discussed here . There have been recent developments in relation to the issue of the reasonableness of claimant solicitors moving from legal aid to conditional fee agreements. The first case upholds a…

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Recent Posts

  • CIVIL EVIDENCE: “BARE ASSERTIONS” ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL “VAGUE AND UNPARTICULARISED” EVIDENCE
  • A REMINDER – DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • AN “EXTERNAL” REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

Top Posts

  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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