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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » June » 13

STRIKING OUT A PLEADING WHEN IT DOES NOT COMPLY WITH THE RULES

June 13, 2016 · by gexall · in Amendment, Applications, Members Content, Statements of Case, Striking out, Uncategorized

In Jones -v- Longley [2016] EWHC 1309 (Ch) Master Matthews considered the criteria for striking out a pleading, in this case a counterclaim.  There are important observations on the needs for pleadings to comply with the rules; on the fact…

IT IS THE CLIENT THAT SHOULD GIVE THE EVIDENCE NOT THE SOLICITOR: ALSO VERY LATE DISCLOSURE

June 13, 2016 · by gexall · in Civil evidence, Disclosure, Members Content, Uncategorized, Witness statements

Why should a lawyer ever want to give evidence.  What practical value does evidence given by a lawyer have when their clients could have been called? These were issues considered today by Master Marsh in his judgment in Pineport Limited…

OVERSPENDING ON YOUR COSTS BUDGET? BETTER TELL YOUR CLIENT

June 13, 2016 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Members Content, Uncategorized

Way back in the mist of time (that is post-Mitchell, pre-Denton) I reported a decision of District Judge Lumb on sanctions and costs budgeting. That particular post was then  plagiarised without any reference to me (matters were resolved amicably). However…

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