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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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Recent Posts

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  • THE CURRENT IMPORTANCE OF PLEADINGS 92: THE NEED TO PROVIDE PARTICULARS OF SIGNIFICANT ALLEGATIONS: DEFENDANTS’ (LARGELY) SUCCESSFUL REQUEST FOR FURTHER INFORMATION NEEDED BEFORE THEY FILED A DEFENCE
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  • WHEN CHAT GPT DRAFTED A “SKELETON” ARGUMENT – 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES

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WHEN CHAT GPT DRAFTED A "SKELETON" ARGUMENT - 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS "HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS": A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
COURT REFUSES DEFENDANTS' APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT "WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH" IS NOT A GOOD STARTING PLACE

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