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

INDEMNITY COSTS ON APPEAL AFTER PART 36 OFFER

June 9, 2016 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content, Part 36, Uncategorized

For the second time today I express my thanks to John McQuater. This time for drawing my attention to the  Court of Appeal decision on costs in Summers -v- Bundy (11/02/2016)*  This case shows the importance of making Part 36…

PART 36: INDEMNITY COSTS WHEN A DEFENDANT ACCEPTS OUT OF TIME

June 9, 2016 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Part 36, Uncategorized

I am grateful to John McQuater for sending me a copy of the judgment of District Judge Besford in the case of Sutherland -v- Khan (21st April 2016) (a copy of the transcript is attached to this blog here  …

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  • 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"
  • 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
  • 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...)

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