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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » November » 06
WIKIPEDIA IN THE COURTS (SO FAR): MUSIC, BREWERIES, CANALS, DOG WHISTLE POLITICS AND GETTING TO THE HEART OF THE MATTER: SOME QUESTIONS TO BE ASKED

WIKIPEDIA IN THE COURTS (SO FAR): MUSIC, BREWERIES, CANALS, DOG WHISTLE POLITICS AND GETTING TO THE HEART OF THE MATTER: SOME QUESTIONS TO BE ASKED

November 6, 2017 · by gexall · in Civil evidence, Civil Procedure, Members Content

I have had to apologise in the past for taking small parts of a judicial judgment and scrutinising them closely in relation to matters of procedure or evidence. This apology is particularly apposite in relation to the judgment in Oldham Metropolitan…

PROVING THINGS 71: NO EVIDENCE AT ALL: NO DAMAGES AT ALL

PROVING THINGS 71: NO EVIDENCE AT ALL: NO DAMAGES AT ALL

November 6, 2017 · by gexall · in Civil evidence, Damages, Members Content

In Khan v Stockton-On-Tees Borough Council [2017] UKUT 432 (LC) we see another examples of a total failure to prove damages.  I include it as another example of a party attending a hearing with no evidence at all to prove a…

LEAVING ISSUE UNTIL THE LAST MOMENT – ALWAYS DANGEROUS : PARTICULARLY WHEN A CLAIMANT IS ON NOTICE OF POTENTIAL PROBLEMS

November 6, 2017 · by gexall · in Applications, Limitation, Members Content

In Hall v Environment Agency [2017] EWHC 1309 (TCC) His Honour Judge Havelock-Allan QC pointed out the dangers of leaving issue until the last moment, particularly in cases where there were likely to be procedural issues relating to jurisdiction. THE CASE…

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  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH…
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE “LAST KNOWN ADDRESS”: THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • THE DEFENDANT’S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
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Top Posts

  • THE DEFENDANT'S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE "LAST KNOWN ADDRESS": THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH...

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