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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » October » 18
HALLOWEEN FOR LITIGATORS: WHAT KEEPS LAWYERS AWAKE AT NIGHT? DEADLINES, SKELETONS, IMPOSTER SYNDROME & DEFENDANTS RISING FROM THE DEAD

HALLOWEEN FOR LITIGATORS: WHAT KEEPS LAWYERS AWAKE AT NIGHT? DEADLINES, SKELETONS, IMPOSTER SYNDROME & DEFENDANTS RISING FROM THE DEAD

October 18, 2017 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content

I am not a great fan of Halloween.  However when Jenna Kisala suggested there should be a post on “Halloween for Litigators”. I couldn’t resist the challenge. I then promptly delegated the task to Twitter.  Here are the tweets so…

MYTHS ABOUT LIMITATION 8: THE LIMITATION PERIOD FOR A CHILD ALWAYS STARTS ON THEIR 18th BIRTHDAY

MYTHS ABOUT LIMITATION 8: THE LIMITATION PERIOD FOR A CHILD ALWAYS STARTS ON THEIR 18th BIRTHDAY

October 18, 2017 · by gexall · in Avoiding negligence claims, Limitation, Members Content

The previous posts on this subject set out examples where different limitation periods apply. It is worth noting that often these limitation period often apply to children. An assumption that a child’s limitation period always starts on their 18th birthday…

PROVING THINGS 68:  CLAIM £4,177,782 RECEIVE £46,815: LEASE SAID SOONEST MENDED

PROVING THINGS 68: CLAIM £4,177,782 RECEIVE £46,815: LEASE SAID SOONEST MENDED

October 18, 2017 · by gexall · in Civil evidence, Damages, Members Content

If you are looking for a graphic example of a failure to prove damages you may well find it in the decision of Martin Rodgers QC in the Upper Tribunal (Lands) Chamber  today in  Bishop v Transport for London [2017] UKUT…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
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WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
HALLUCINATED CASE LAW AND THE CROWN PROSECUTION SERVICE (OF ALL BODIES...)

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