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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » June » 19
GET £15,000 FOR YOUR COSTS PAY £20,000 IN COSTS: CONDITIONAL FEE AGREEMENT UNFAIR AND UNREASONABLE AND WAS SET ASIDE

GET £15,000 FOR YOUR COSTS PAY £20,000 IN COSTS: CONDITIONAL FEE AGREEMENT UNFAIR AND UNREASONABLE AND WAS SET ASIDE

June 19, 2017 · by gexall · in Conditional Fee Agreements, Conduct, Costs, Members Content

In Vilvarajah -v- West London Law Limited [2017] EWHC B23 (Costs) Master Gordon Saker declared a conditional fee agreement unreasonable and set it aside. The history and circumstances of this action make for interesting reading. “There is no correspondence between…

NON-PARTY COSTS ORDER MADE AGAINST CAR HIRE FIRM: ANOTHER SKIRMISH IN A FORENSIC WAR

NON-PARTY COSTS ORDER MADE AGAINST CAR HIRE FIRM: ANOTHER SKIRMISH IN A FORENSIC WAR

June 19, 2017 · by gexall · in Appeals, Costs, Members Content, Third party funding

The opening words of Mr Justice Turner’s judgment in Select Car Rentals (North West) Limited -v- Esure Services Limited [2017] EWHC 1434 (QB) contain an undeniable truth. The judge was upholding a decision to award costs against a car hire…

APPEAL AGAINST REFUSAL TO ALLOW LATE WITNESS STATEMENTS AT TRIAL: CLAIMANT'S APPEAL DISMISSED

APPEAL AGAINST REFUSAL TO ALLOW LATE WITNESS STATEMENTS AT TRIAL: CLAIMANT’S APPEAL DISMISSED

June 19, 2017 · by gexall · in Adjournments, Appeals, Applications, Members Content, Relief from sanctions, Witness statements

There are a surprising number of cases and appeals in relation to late service of witness evidence. In Byrne -v- Mullan [2017] EWHC 1387 (Ch) the claimant made an application to adduce new witness evidence which was heard on the…

GLADWIN & SANCTIONS - AN ANALYSIS 2: WHY (IN THEORY) THE DEFAULTING CLAIMANT COULD STILL RELY ON THE LATE WITNESS EVIDENCE

GLADWIN & SANCTIONS – AN ANALYSIS 2: WHY (IN THEORY) THE DEFAULTING CLAIMANT COULD STILL RELY ON THE LATE WITNESS EVIDENCE

June 19, 2017 · by gexall · in Adjournments, Members Content, Relief from sanctions, Sanctions, Witness statements

In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the second of the series looking at the case more closely we…

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  • COST BITES 394: COURT OVERTURNS DECISION THAT A CLAIMANT LANDLORD IS ENTITLED TO RECOVER THE COSTS: AWARD OF INTEREST ALSO OVERTURNED
  • WITNESS EVIDENCE WEDNESDAY: ANALYSIS OF THE ROLE OF WITNESS EVIDENCE IN A CLINICAL NEGLIGENCE TRIAL
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