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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » May » 03
CIVIL PROCEDURE - BACK TO BASICS 7: BUNDLES: A CHANCE TO REVISIT "SEDLEY'S LAWS"

CIVIL PROCEDURE – BACK TO BASICS 7: BUNDLES: A CHANCE TO REVISIT “SEDLEY’S LAWS”

May 3, 2018 · by gexall · in Access to justice, Bundles, Case Management, Civil evidence, Members Content

If there is a league for blogs with the most number of  posts about bundles then Civil Litigation Brief may well be in the top 10 (sadly I suspect even in the top place). There is a reason for this….

PROVING THINGS 92: WHERE THE CLAIM FOR DAMAGES WAS LARGELY "WISHFUL THINKING": £1 MILLION CLAIM REDUCED TO £25,104 (OH & THROW IN A ERRANT EXPERT AS WELL)

PROVING THINGS 92: WHERE THE CLAIM FOR DAMAGES WAS LARGELY “WISHFUL THINKING”: £1 MILLION CLAIM REDUCED TO £25,104 (OH & THROW IN A ERRANT EXPERT AS WELL)

May 3, 2018 · by gexall · in Civil evidence, Credibility of experts, Damages, Expert evidence, Experts, Members Content

The judgment of John Martin QC (sitting as a High Court judge) in London College of Business Ltd v Tareem Ltd & Anor [2018] EWHC 437 (Ch) is a prime example of a failure to prove damages. The claim was…

WHAT IS THE DIFFERENCE BETWEEN "KNOWLEDGE" AND "BELIEF"? A CASE AND A REVIEW OF 10 KEY POINTS

WHAT IS THE DIFFERENCE BETWEEN “KNOWLEDGE” AND “BELIEF”? A CASE AND A REVIEW OF 10 KEY POINTS

May 3, 2018 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

This blog has looked, many times, at the importance of giving the source of information and belief when a party (and particularly when a legal representative) makes a witness statement. It is sometimes possible for you opponent to attempt to…

JUDICIALLY REVIEWING THE COUNTY COURT: PROCEDURAL CONFUSION, UNPLEADED POINTS AND THE HIGH STANDARD TO BE MET WHEN ATTEMPTING TO JUDICIALLY REVIEW A COUNTY COURT DECISION

JUDICIALLY REVIEWING THE COUNTY COURT: PROCEDURAL CONFUSION, UNPLEADED POINTS AND THE HIGH STANDARD TO BE MET WHEN ATTEMPTING TO JUDICIALLY REVIEW A COUNTY COURT DECISION

May 3, 2018 · by gexall · in Appeals, Applications, Members Content, Statements of Case

There are many matters of interest in the short judgment of Mr Justice Turner in Watkins, R (On the Application Of) v Newcastle Upon Tyne County Court [2018] EWHC 1029, a rare example of a party trying to judicially review a…

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Recent Posts

  • “I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT”: INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF “WE’LL COME INTO COURT WHEN WE WANT TO”…): I CAN’T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
  • COST BITES 415: A LOOK AT SOME SUMMARY ASSESSMENTS IN AN ACTION: HOURLY RATES NOT GOING FOR A SONG
  • WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM
  • COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER
  • CIVIL PROCEDURE, OPAQUE EVIDENCE AND “YOU SHOULD HAVE KNOWN”: ARGUMENTS THAT HAVE BEEN REJECTED BY THE COURTS – TWO EXAMPLES AND THE UNHAPPY CONSEQUENCES FOR THE LITIGANTS…

Top Posts

REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
WHY PRINCE HARRY (AND OTHER PROMINENT CLAIMANTS) LOST WHEN THE JUDGE FOUND THAT THEY WERE ALL HONEST WITNESSES - BUT OTHER WITNESSES THEY CALLED PROVED TO BE "HOSTILE"
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
HALLUCINATED CASE LAW AND THE CROWN PROSECUTION SERVICE (OF ALL BODIES...)
WAS A SOLICITOR'S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION "REASONABLE": COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?

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