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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » March » 28
INTERIM PAYMENTS ON ACCOUNT OF COSTS:  READ (AND CITE) THE CORRECT CHAPTER OF COOK ON COSTS

INTERIM PAYMENTS ON ACCOUNT OF COSTS: READ (AND CITE) THE CORRECT CHAPTER OF COOK ON COSTS

March 28, 2017 · by gexall · in Appeals, Costs, Interim Payments, Members Content

 I am grateful to John McQuater for sending me a copy of an order from HH Judge Robinson,  It relates to an application on account of costs.  The appeal was (for obvious reasons) compromised. However the robust terms of the…

A JUDGE CANNOT GIVE PERMISSION TO APPEAL AFTER THE HEARING: MONROE -v- HOPKINS - SECOND ROUND

A JUDGE CANNOT GIVE PERMISSION TO APPEAL AFTER THE HEARING: MONROE -v- HOPKINS – SECOND ROUND

March 28, 2017 · by gexall · in Adjournments, Appeals, Members Content

The case of Monroe -v- Hopkins [2017] EWHC 645 (QB) is the second judgment on the case. The judgment today related solely to the defendant’s application for permission to appeal. The judge ruled that he did not have jurisdiction to…

WHEN A PUBLIC OFFICIAL SIGNS A "CARELESS" WITNESS STATEMENT THAT WAS "FALSE AND TENDED TO MISLEAD": NOT IMPRESSIVE TO SAY THE LEAST

WHEN A PUBLIC OFFICIAL SIGNS A “CARELESS” WITNESS STATEMENT THAT WAS “FALSE AND TENDED TO MISLEAD”: NOT IMPRESSIVE TO SAY THE LEAST

March 28, 2017 · by gexall · in Civil evidence, Conduct, Members Content, Witness statements

There are many cases that show a surprisingly insouciant approach to accuracy by those who draft, and those who sign, witness statements.  This  insouciance  is even more surprising when the person who has signed the statement is a public official,…

INTEREST ON DAMAGES AFTER FAILING TO BEAT A CLAIMANT'S PART 36 OFFER: THE AIM IS TO ENCOURAGE GOOD PRACTICE AND NOT SIMPLY TO COMPENSATE

INTEREST ON DAMAGES AFTER FAILING TO BEAT A CLAIMANT’S PART 36 OFFER: THE AIM IS TO ENCOURAGE GOOD PRACTICE AND NOT SIMPLY TO COMPENSATE

March 28, 2017 · by gexall · in Appeals, Costs, Damages, Members Content, Part 36

In Ovm Petrom SA -v- Glencore International SA [2017] EWCA Civ 195 the Court of Appeal overturned a decision not to award 10% interest on damages in a case where a defendant failed to beat a claimant’s Part 36 offer….

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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