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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2017 » January » 25

THE FIRST BUNDLE CASE FOR 2017: A BUNDLE THAT WAS NEVER DISCLOSED AND HAS GONE MISSING

January 25, 2017 · by gexall · in Bundles, Case Management, Civil evidence

At some time during the year there is bound to be a judgment about bundles. However the judgment of the Court of Appeal today in Iqbal -v-Iqbal [2017]  EWCA Civ 19 contains a great surprise. Amongst other problems with the…

THOSE LETTERS: DEAR JUDGE – YOU WERE WRONG – PLEASE CHANGE YOUR MIND: ONLY IN THE MOST EXCEPTIONAL CIRCUMSTANCES

January 25, 2017 · by gexall · in Case Management, Civil evidence, Civil Procedure

There is an interesting postscript to the judgment of Mr Justice Mostyn in Goyal -v- Goyal [2017] EWFC 1. It relates to the practice of using letters to the judge in an attempt to alter the terms of a draft…

ADVISING ABOUT THE RISKS OF LITIGATION: YOU DON’T PAY ME TO TELL YOU WHAT YOU WANT TO HEAR: PROFESSIONAL NEGLIGENCE ACTION AGAINST SOLICITORS DISMISSED

January 25, 2017 · by gexall · in Avoiding negligence claims, Risks of litigation, Witness statements

In Seery -v- Leathes Prior (a firm) [2016] EWHC80 (QB) Sir David Eady dismissed a claim for negligence against a firm of solicitors.   One of the issues considered was whether the claimant should have been encouraged to litigate. The claim…

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