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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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DELAY IN GETTING TO TRIAL - AND ITS NOT THE COURT'S FAULT: COUNSEL'S AVAILABILITY AND DELAYS - A REMINDER OF THE JIGSAW PROBLEM...

DELAY IN GETTING TO TRIAL – AND ITS NOT THE COURT’S FAULT: COUNSEL’S AVAILABILITY AND DELAYS – A REMINDER OF THE JIGSAW PROBLEM…

March 15, 2018 · by gexall · in Access to justice, Applications, Case Management, Civil Procedure

There is often much criticism about the length of time it takes to obtain a trial date. The observations of Mr Justice Fraser in  Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) indicate that it is not…

LATE SERVICE OF NOTICE OF FUNDING AND RELIEF FROM SANCTIONS: THIS DOES NOT END WELL FOR THE CLAIMANT: COURT OF APPEAL DECISION

LATE SERVICE OF NOTICE OF FUNDING AND RELIEF FROM SANCTIONS: THIS DOES NOT END WELL FOR THE CLAIMANT: COURT OF APPEAL DECISION

March 15, 2018 · by gexall · in Appeals, Civil evidence, Relief from sanctions, Sanctions

In the judgment today in Springer v University Hospitals of Leicester NHS Trust [2018] EWCA Civ 436 the Court of Appeal upheld a decision that refused to give relief from sanctions following late service of notice of funding.  The case shows…

HOURLY RATES, INCURRED COSTS AND THE COST BUDGET:  AGREED BUDGETS HAVE NO SPECIAL STATUS: HOURLY RATES NOT A GOOD REASON TO DEPART FROM THE BUDGET

HOURLY RATES, INCURRED COSTS AND THE COST BUDGET: AGREED BUDGETS HAVE NO SPECIAL STATUS: HOURLY RATES NOT A GOOD REASON TO DEPART FROM THE BUDGET

March 15, 2018 · by gexall · in Case Management, Costs, Costs budgeting

The judgment of Master Nagalingam in  Nash v Ministry of Defence [2018] EWHC B4 (Costs) covers several issues relating to costs budgets. The Master found that a reduction in hourly rates in relation to incurred costs did not lead to any…

SKELETON ARGUMENTS: GET THE FONT SIZE RIGHT, AND THE LENGTH CORRECT: OR IT COULD COST YOU

SKELETON ARGUMENTS: GET THE FONT SIZE RIGHT, AND THE LENGTH CORRECT: OR IT COULD COST YOU

March 15, 2018 · by gexall · in Appeals, Bundles, Case Management, Written advocacy

The Administrative Court Clerks Users Group has sent out an email to many chambers in relation to the format of skeleton arguments.  If you did not receive this it is worth reading. THE EMAIL: SIZE AND FONTS OF SKELETON ARGUMENTS…

THE DENTON PRINCIPLES: CAN YOU BLAME A REPRESENTATIVE? SHOULD LITIGANTS IN PERSON BE TREATED MORE LENIENTLY?

THE DENTON PRINCIPLES: CAN YOU BLAME A REPRESENTATIVE? SHOULD LITIGANTS IN PERSON BE TREATED MORE LENIENTLY?

March 15, 2018 · by gexall · in Appeals, Applications, Relief from sanctions

The Denton principles were considered by the First-Tier Tribunal Tax Chamber in Clarke v Revenue and Customs (PROCEDURE : Other) [2018] UKFTT 123 (TC). Here we look at two particular parts of the judgment: (i) the relevance of reliance on an…

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