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

DISCLOSURE OF DEFENDANT'S SOLVENCY: ADVERSE ASSUMPTIONS CAN BE MADE IN THE ABSENCE OF EVIDENCE

March 9, 2016 · by gexall · in Admissions, Applications, Assessment of Costs, Costs, Members Content, Security for Costs, Uncategorized

The case of Sarpd Oil International Limited -v- Addax Energy SA [2016] EWCA Civ 120 related to the practice of awarding security for costs by an overseas company which did not have to file accounts. The case raises other points…

A GENTLE REMINDER OF YOUR NEW YEAR'S RESOLUTIONS 3: THINK VERY CAREFULLY BEFORE SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT

March 9, 2016 · by gexall · in Members Content, Statements of Truth, Uncategorized, Witness statements

As part of the series reminding litigators of the new year’s resolutions  for 2016 we look at resolution number 4: “Think very carefully before signing a statement of truth on behalf of a client”.  We have already seen one case…

THE ONLINE COURT: A GLIMPSE OF THE FUTURE

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

In Bi -v- Mohammed [2016] EWHC 506 (Fam) today Mr Justice Holman gives an insight into the future of the on-line court, commenting on the problems with evidence by video link. EVIDENCE BY VIDEO LINK There were long periods during…

SWITCHING FROM PUBLIC FUNDING TO A CFA: ANOTHER CASE

March 9, 2016 · by gexall · in Assessment of Costs, Costs, Members Content, Uncategorized

NB See the appeal on this case discussed here This blog has followed those cases where judges have decided whether it was reasonable for claimants to switch from legal aid to public funding. Perhaps more to the point, the issue…

PROMISCUITY AND BUNDLES: CAN CAUSE CONSTERNATION

March 9, 2016 · by gexall · in Bundles, Case Management, Civil evidence, Civil Procedure, Members Content, Uncategorized

For two years running the post on how to prepare a trial bundle has been the most popular post on this blog (this year it is running second to the post on how to draft a witness statement). The reasons…

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  • COURT REFUSES DEFENDANT’S APPLICATION FOR THE ADJOURNMENT OF A SUMMARY JUDGMENT APPLICATION: YOU HAVE NO RIGHT TO TAKE PART IN THE HEARING SO WHY SHOULD THE APPLICATION BE GRANTED?
  • COST BITES 334: CAN A CLAIMANT OBTAIN INTEREST ON COSTS EVEN WHEN COSTS HAVE NOT BEEN PAID BECAUSE THE MATTER IS FUNDED BY USING A CONDITIONAL FEE AGREEMENT?
  • WITNESS EVIDENCE WEDNESDAY: A ROBUST OVERTURNING OF THE APPROACH TO THE WITNESS EVIDENCE AT FIRST INSTANCE: “GENERALISED FINDINGS ON CREDIBILITY ARE NOT A USEFUL TOOL FOR RESOLVING SPECIFIC ISSUES OF FACT”
  • THE CURRENT IMPORTANCE OF PLEADINGS 51: TOO LATE TO AMEND A REPLY WHICH WAS INADEQUATELY PARTICULARISED IN ANY EVENT
  • THE CURRENT IMPORTANCE OF PLEADINGS 50: A CHANGE OF COUNSEL IS NOT A GOOD REASON TO PERMIT AMENDED PLEADINGS(AKA WHY FAMILY LAWYERS NEED TO READ THIS SERIES…)

Top Posts

  • COST BITES 334: CAN A CLAIMANT OBTAIN INTEREST ON COSTS EVEN WHEN COSTS HAVE NOT BEEN PAID BECAUSE THE MATTER IS FUNDED BY USING A CONDITIONAL FEE AGREEMENT?
  • WITNESS EVIDENCE WEDNESDAY: A ROBUST OVERTURNING OF THE APPROACH TO THE WITNESS EVIDENCE AT FIRST INSTANCE: "GENERALISED FINDINGS ON CREDIBILITY ARE NOT A USEFUL TOOL FOR RESOLVING SPECIFIC ISSUES OF FACT"
  • THE CURRENT IMPORTANCE OF PLEADINGS 50: A CHANGE OF COUNSEL IS NOT A GOOD REASON TO PERMIT AMENDED PLEADINGS(AKA WHY FAMILY LAWYERS NEED TO READ THIS SERIES...)
  • COURT REFUSES DEFENDANT'S APPLICATION FOR THE ADJOURNMENT OF A SUMMARY JUDGMENT APPLICATION: YOU HAVE NO RIGHT TO TAKE PART IN THE HEARING SO WHY SHOULD THE APPLICATION BE GRANTED?
  • THE CURRENT IMPORTANCE OF PLEADINGS 51: TOO LATE TO AMEND A REPLY WHICH WAS INADEQUATELY PARTICULARISED IN ANY EVENT

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