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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » October » 30
DEFENDANT IN CASE WITH PROTECTED PARTY ENTITLED TO RESILE FROM "COMPROMISE": REQUIREMENT FOR COURT APPROVAL NOT A BREACH OF ECHR RIGHTS

DEFENDANT IN CASE WITH PROTECTED PARTY ENTITLED TO RESILE FROM “COMPROMISE”: REQUIREMENT FOR COURT APPROVAL NOT A BREACH OF ECHR RIGHTS

October 30, 2017 · by gexall · in Applications, Case Management, Damages, Members Content

In Revill v Damiani [2017] EWHC 2630 (QB) Mr Justice Dingemans  held that the rule that required a protected party to obtain a court order to approve a proposed settlement remained good law. It did not breach the claimant’s human rights….

ALLEGING AND FINDING FUNDAMENTAL DISHONESTY, PLEADING AND EVIDENCE: COURT OF APPEAL JUDGMENT TODAY

ALLEGING AND FINDING FUNDAMENTAL DISHONESTY, PLEADING AND EVIDENCE: COURT OF APPEAL JUDGMENT TODAY

October 30, 2017 · by gexall · in Abuse of Process, Appeals, Members Content, QOCS, Statements of Case

I am grateful to barrister Tom Vonberg  for sending me a copy of the Court of Appeal decision today in Howlett -v- Ageas [2017] EWCA Civ 1696.  Howlett & anr v Davies & anr- jt Final-1. Tom acted for the…

BUNDLES - AGAIN: BORROWING FROM THE COMMERCIAL COURT GUIDE

BUNDLES – AGAIN: BORROWING FROM THE COMMERCIAL COURT GUIDE

October 30, 2017 · by gexall · in Bundles, Case Management, Civil evidence, Members Content

For many years a post on preparing a trial bundle was, by far, the most read post on this blog. I have re-visited the issue recently.  It is worthwhile all practitioners having a look at the specific guidance on bundles…

IF YOU WANT YOUR COSTS ASSESSED IMMEDIATELY AFTER AN APPEAL OR INTERLOCUTORY HEARING THEN YOU HAVE TO ASK : OTHERWISE YOU'LL JUST HAVE TO WAIT

IF YOU WANT YOUR COSTS ASSESSED IMMEDIATELY AFTER AN APPEAL OR INTERLOCUTORY HEARING THEN YOU HAVE TO ASK : OTHERWISE YOU’LL JUST HAVE TO WAIT

October 30, 2017 · by gexall · in Appeals, Costs, Members Content

 Does a successful litigant on an interlocutory issue have a right to have their costs assessed immediately? That was the question addressed by the Court of Appeal in Khaira & Ors v Shergill & Ors [2017] EWCA Civ 1687 .  This…

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Recent Posts

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  • THROWBACK FRIDAY: THIRTEEN YEARS OF BLOGGING (JUNE 2013): THE TEENAGE YEARS ARE STARTING…
  • ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)
  • THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR’S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE
  • THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)

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NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
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COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"
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