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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » May » 23
EXTRAORDINARY AMOUNT OF COSTS CAUSES JUDGE GREAT CONCERN: RBS COSTS ESTIMATES GREATLY EXCEEDED - NOW £129 MILLION

EXTRAORDINARY AMOUNT OF COSTS CAUSES JUDGE GREAT CONCERN: RBS COSTS ESTIMATES GREATLY EXCEEDED – NOW £129 MILLION

May 23, 2017 · by gexall · in Assessment of Costs, Costs, Members Content, Proportionality

The RBS Rights Issue Litigation is clearly a major and unusual case.  However costs have to be reasonable and proportionate even (and perhaps especially) in this type of litigation. This is made clear in the judgment of Mr Justice Hildyard…

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

A CLAIMANT CAN SUE AN UNNAMED DRIVER (AND THE INSURER HAS TO PAY): COURT OF APPEAL DECISION TODAY

May 23, 2017 · by gexall · in Amendment, Appeals, Applications, Insurance, Judgment, Members Content, Parties to actions

NB THIS DECISION WAS OVERTURNED BY THE SUPREME COURT IN Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 t In Cameron -v- Hussain [2017] EWCA Civ 366 the Court of Appeal (by a majority) considered the question whether a claimant…

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH - EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

APPEALS, TIME, SERVICE, VENUE: A REAL PROCEDURAL HOTCHPOTCH – EVEN BEFORE THE MAIN ISSUE IS CONSIDERED

May 23, 2017 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Serving documents

The judgment of Mr Justice Jay in Enniful -v- Motor Insurers Bureau [2017] EWHC 1086 (QB) is a procedural hotchpotch. It relates to service, delay, dates of compliance, venue for appeals and relief from sanctions. All of this occurred before…

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Recent Posts

  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?
  • COST BITES 410: A CLAIMANT’S COMPLIANCE WITH THE RULES RELATING TO ISSUE AND PLEADING CANNOT BE USED AS A GROUNDS FOR REDUCING ITS RECOVERABLE COSTS

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