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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » August » 15
ANOTHER LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED TO ERRANT DEFENDANTS WHO SERVED BUDGET 10 DAYS LATE

ANOTHER LATE COSTS BUDGET: RELIEF FROM SANCTIONS GRANTED TO ERRANT DEFENDANTS WHO SERVED BUDGET 10 DAYS LATE

August 15, 2017 · by gexall · in Case Management, Civil Procedure, Costs budgeting, Members Content, Relief from sanctions

In Mott & Anor v Long & Anor [2017] EWHC 2130 (TCC) His Honour Judge Grant (sitting as a judge of the High Court) considered a relief from sanctions application in relation to  defendants who had served a costs budget ten…

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: "A THOROUGHLY TECHNICAL POINT", UNATTRACTIVE, MISCONCEIVED AND "REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS"

SERVICE ON A NOMINATED SOLICITOR: BE CLEAR WHO YOU REPRESENT: “A THOROUGHLY TECHNICAL POINT”, UNATTRACTIVE, MISCONCEIVED AND “REFLECTS NO CREDIT ON THE INSURERS OR THEIR ADVISERS”

August 15, 2017 · by gexall · in Appeals, Members Content, Service of the claim form, Serving documents

Earlier this week Master McCloud commented upon “a dry and unlovely crop of procedural service issues” in the Masters’ Corridor.   These issues may well follow the Masters around.  Master Davison sits as a Recorder. In that capacity he decided an…

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

August 15, 2017 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

I am writing, again, about the the judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB). The point the case makes about the correct route of appeal has been commented on, however I had not anticipated…

DESTINATION OF APPEALS FROM A DISTRICT JUDGE ALLOCATED A CIRCUIT JUDGE'S WORK: IMPORTANT WORDS ON COMMUNICATING WITH THE COURT

DESTINATION OF APPEALS FROM A DISTRICT JUDGE ALLOCATED A CIRCUIT JUDGE’S WORK: IMPORTANT WORDS ON COMMUNICATING WITH THE COURT

August 15, 2017 · by gexall · in Appeals, Applications, Conduct, Members Content

The judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB) is of considerable importance in relation to the correct route for appeals. It was held that the correct route of appeal from a district…

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Recent Posts

  • MAZUR MATTERS 46: A “CLAIMANT’S REPRESENTATIVE” HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: “IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME”
  • THE CURRENT IMPORTANCE OF PLEADINGS 46: THE DEFENDANT HAD AGREED THAT THE DEFENCE AS DRAFTED BROKE THE RULES
  • THROWBACK FRIDAY: APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 POINTS TO IMPROVE THE ODDS: LOOKING BACK TO JANUARY 2016
  • WHEN CAN A JUDGE ADD ADDITIONAL MATERIAL TO A JUDGMENT AFTER HANDING DOWN? COURT OF APPEAL CONSIDERED THE ISSUE
  • ANOTHER EXAMPLE OF AN APPLICATION FOR AN EXPEDITED TRIAL BEING REFUSED: A GOOD REASON FOR EXPEDITION HAS TO BE SHOWN

Top Posts

  • MAZUR MATTERS 46: A "CLAIMANT'S REPRESENTATIVE" HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: "IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME"
  • THE CURRENT IMPORTANCE OF PLEADINGS 46: THE DEFENDANT HAD AGREED THAT THE DEFENCE AS DRAFTED BROKE THE RULES
  • THROWBACK FRIDAY: APPLICATIONS FOR RELIEF FROM SANCTIONS: 10 POINTS TO IMPROVE THE ODDS: LOOKING BACK TO JANUARY 2016
  • WHEN CAN A JUDGE ADD ADDITIONAL MATERIAL TO A JUDGMENT AFTER HANDING DOWN? COURT OF APPEAL CONSIDERED THE ISSUE
  • ANOTHER EXAMPLE OF AN APPLICATION FOR AN EXPEDITED TRIAL BEING REFUSED: A GOOD REASON FOR EXPEDITION HAS TO BE SHOWN

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