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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » November » 13
SORRY SILKS: IMPORTANT AS YOU ARE THE CASE IS NOT BEING HELD UP FOR YOU: THE TAIL IS NOT GOING TO WAG THE DOG

SORRY SILKS: IMPORTANT AS YOU ARE THE CASE IS NOT BEING HELD UP FOR YOU: THE TAIL IS NOT GOING TO WAG THE DOG

November 13, 2017 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

The judgment of Mr Justice Fraser in Bates & Ors v Post Office Ltd [2017] EWHC 2844 (QB) contains some telling observations about case management, listing and the need to comply with the overriding objective. “Fitting hearings around [counsel’s] availability has…

SUING THE WRONG DEFENDANT? SHOULD HAVE GONE TO SPECSAVERS?

SUING THE WRONG DEFENDANT? SHOULD HAVE GONE TO SPECSAVERS?

November 13, 2017 · by gexall · in Amendment, Civil Procedure, Members Content, Parties to actions

It is always embarrassing to find out you are suing the wrong defendant and have to apply for substitution (although we have looked at cases in which the wrong claimant has issued proceedings).  This issue was considered by Mr Justice…

COSTS BUDGETING AND PROPORTIONALITY  TEST APPLY - EVEN IN A CASE FOR £350 MILLION

COSTS BUDGETING AND PROPORTIONALITY TEST APPLY – EVEN IN A CASE FOR £350 MILLION

November 13, 2017 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Members Content, Proportionality

in Sharp & Ors v Blank & Ors [2017] EWHC 141 (Ch)  Mr Justice Nugee considered the issue of proportionality in a case where £350 million was at stake. Mr Justice Nugee decided that the requirement for costs budgeting, and proportionality,…

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