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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. Hardwicke, London
Browse: Home » 2018 » February » 07
MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT'S HOME: PROCEDURAL UNFAIRNESS

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT’S HOME: PROCEDURAL UNFAIRNESS

February 7, 2018 · by gexall · in Access to justice, Adjournments, Appeals

Earlier this week I paid tribute to Sir Henry Brooke. This included his most recent work dealing with PIPs and ESAs.  He wrote in his blog: “Readers  of these blogs will know I have been telling stories of the injustices…

GOBBETS AND LIMITATION:  ISSUES AT THE DREAMING SPIRES

GOBBETS AND LIMITATION: ISSUES AT THE DREAMING SPIRES

February 7, 2018 · by gexall · in Civil Procedure, Limitation

There are many fascinating aspects of the judgment in Siddiqui v The Chancellor, Masters & Scholars of the University of Oxford [2018] EWHC 184 (QB). As  is often the case I have chosen to concentrate on one of  the most prosaic…

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

WANT TO WORK HARD, WIN AND STILL NOT GET PAID II? LAWYERS COME TO GRIEF IN THE COURT OF APPEAL: REVIEW YOUR RETAINER CAREFULLY

February 7, 2018 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In Radford & Anor v Frade & Ors [2018] EWCA Civ 119 the Court of Appeal upheld the early decisions that lawyers, who worked outside the terms of their retainer under a CFA, could not recover costs from the unsuccessful party….

90% WAS A GENUINE OFFER OF SETTLEMENT: CLAIMANT RECEIVES PART 36 BENEFITS AFTER OFFERING A 10% DISCOUNT

90% WAS A GENUINE OFFER OF SETTLEMENT: CLAIMANT RECEIVES PART 36 BENEFITS AFTER OFFERING A 10% DISCOUNT

February 7, 2018 · by gexall · in Civil Procedure, Part 36

In   the judgment today in JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB) Mr Justice Foskett was very robust in his view that an offer of…

PROPORTIONALITY: A LITIGATOR'S SURVIVAL GUIDE  VI: COULD PROJECT MANAGEMENT HELP?

PROPORTIONALITY: A LITIGATOR’S SURVIVAL GUIDE VI: COULD PROJECT MANAGEMENT HELP?

February 7, 2018 · by gexall · in Assessment of Costs, Case Management

This series on proportionality for litigators is a long-running one.  One suggestion is that “Legal project management” could help.  There is a very short entry in Wikipedia as to what “Legal project management” is. LEGAL PROJECT MANAGEMENT I put questions to…

WITNESS EVIDENCE: CREATING AN ACCURATE RECORD OF INAPPROPRIATE CONDUCT AT WORK: SPOT - AN IMPORTANT DEVELOPMENT

WITNESS EVIDENCE: CREATING AN ACCURATE RECORD OF INAPPROPRIATE CONDUCT AT WORK: SPOT – AN IMPORTANT DEVELOPMENT

February 7, 2018 · by gexall · in Civil evidence, Witness statements

I have written before about the book The Memory Illusion. In essence  lawyers need to be concerned about how easy it is for false memories to be created and how fallible the human memory is. The creation of an inaccurate…

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