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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » January » Page 2

CIVIL CASE OF THE YEAR 2016: THE CASE THAT ENCAPSULATES CIVIL EVIDENCE: HOW THE COURT DECIDES

January 3, 2017 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Uncategorized

There were many important cases on procedure and costs in 2016.  Choosing a case of importance to litigators was not an easy task.  However I kept coming back to  the judgment of Master Matthews in Adepoju -v- Akinola [2016] EWHC 3160…

A NEW YEAR'S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)

January 2, 2017 · by gexall · in Civil evidence, Civil Procedure, Conduct, Injunctions, Members Content, Uncategorized, Useful links

Last year I had 10 new year’s resolutions for litigators.  This year I have one.  (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION…

COSTS, INDEMNITY COSTS AND THE EXPENSIVE CONSEQUENCES OF A SIEGE BASED MENTALITY

January 2, 2017 · by gexall · in Costs, Members Content, Uncategorized

It is surprising how often cases that have been looked at because of issues in relation to the evidence at trial are reported again on the issue of costs.  The Ocensa Pipeline Group Litigation case is such an action.  I…

CAN AN APPLICATION BE AMENDED? AN INTERESTING POINT TO START THE YEAR

January 2, 2017 · by gexall · in Amendment, Civil Procedure, Members Content, Summary judgment, Uncategorized

There are some procedural issues where you would assume that there was clear pre-existing authority in existence.  However, on examination (usually just before the hearing) it transpires that the point is a “novel” one.   In Agents Mutual Limited-v- Moginnie…

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