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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » July » 26

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

July 26, 2016 · by gexall · in Appeals, Assessment of Costs, Case Management, Clinical Negligence, Costs budgeting, Members Content, Relief from sanctions, Uncategorized

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim…

"SECOND" ACTION FOR CLINICAL NEGLIGENCE NOT STRUCK OUT AS AN ABUSE OF PROCESS

July 26, 2016 · by gexall · in Applications, Civil evidence, Civil Procedure, Clinical Negligence, Members Content, Striking out, Summary judgment, Uncategorized

In the judgment today in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) Mr Justice Edis refused the defendant’s application to strike out the claim or for summary judgment on the grounds that the claimant had settled an…

PAYING THE "CORRECT" COURT FEE AND AMENDMENT: AN IMPORTANT CASE REVIEWING THE PRINCIPLES

July 26, 2016 · by gexall · in Amendment, Applications, Civil Procedure, Court fees, Limitation, Members Content, Striking out, Uncategorized

This blog has looked several times* at the cases and principles that have followed the decision in Lewis -v- Ward Hadaway [2015] EWHC 3503 (Ch).   Applications around allegations of failure to pay the correct court fee have  become a new battleground…

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Recent Posts

  • ATTEMPTING TO RE-WRITE A DRAFT JUDGMENT: THIS HARDLY EVER (IF EVER) PERSUADES A JUDGE THAT THEY WERE WRONG
  • ARTIFICIAL INTELLIGENCE IN COURT: AN INTERESTING PRACTICE DIRECTION FROM THE HIGH COURT IN IRELAND : GOOD ADVICE FOR US ALL
  • COST BITES 424: A CLAIM FOR 30.5 HOURS IN ONE DAY: A SCHEDULE “SO UNRELIABLE IT CANNOT FORM THE BASIS FOR ASSESSMENT”
  • THE NEW LAW ON LIMITATION AND SEXUAL ABUSE CLAIMS CONSIDERED IN THE HIGH COURT: THE NEW SECTION 11ZA ONLY EXTENDS TO THE SEXUAL ABUSE ASPECTS OF A CLAIM
  • THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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