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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » January » 18

INDEMNITY COSTS ORDER AGAINST DEFENDANT UPHELD BY COURT OF APPEAL: OFFERS AND CONDUCT: MANNA II

January 18, 2017 · by gexall · in Conduct, Costs, Damages, Members Content

The second post on the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017]  EWCA Civ 12 relates to the Court’s upholding of the trial judge’s award of indemnity costs. “A judge should in my view be…

APPEALS, COUNTER-SCHEDULES AND A RESERVE POSITION: NOT MANNA FOR THE DEFENDANTS

January 18, 2017 · by gexall · in Admissions, Appeals, Damages, Members Content, Schedules, Statements of Case

We will be looking at the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017]  EWCA Civ 12 twice today.  Here I want to look at the difficulties the defendant had in arguing a point in…

WHAT THEY DON’T TEACH YOU AT LAW SCHOOL VI: NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT

January 18, 2017 · by gexall · in Disclosure, Members Content

One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court.  There are plenty of examples of emails, attendance…

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Recent Posts

  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
  • EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”
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