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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » June » 05
STAGE 3 ISSUE FEES:  COURT REPAYS OVERPAID FEES: GOOD NEWS FROM LIVERPOOL

STAGE 3 ISSUE FEES: COURT REPAYS OVERPAID FEES: GOOD NEWS FROM LIVERPOOL

June 5, 2018 · by gexall · in Civil Procedure, Costs, Court fees, Members Content

In January this year I blogged about correspondence I had received from Jon Heath, a solicitor at Levins, in Liverpool about the courts overcharging on Stage 3 issue fees. Yesterday I received an email from Jon telling me that the…

PROVING THINGS 109: WHEN A DEFENDANT IS ABLE TO OBTAIN SUMMARY JUDGMENT IN A CLINICAL NEGLIGENCE CASE

PROVING THINGS 109: WHEN A DEFENDANT IS ABLE TO OBTAIN SUMMARY JUDGMENT IN A CLINICAL NEGLIGENCE CASE

June 5, 2018 · by gexall · in Applications, Civil Procedure, Clinical Negligence, Expert evidence, Experts, Members Content, Summary judgment

NB THIS DECISION WAS OVERTURNED ON APPEAL SEE THE REPORT HERE  In Hewes v West Hertfordshire Hospitals NHS Trust & Ors [2018] EWHC 1345 (QB) Master Cook allowed a defendant’s application for summary judgment. It is a classic case of a…

TRANSFER FROM COUNTY COURT TO HIGH COURT: YOU CAN ASK  FOR THIS ONLY ONCE:  A DISCRETION TO BE EXERCISED "WITH GREAT CIRCUMSPECTION"

TRANSFER FROM COUNTY COURT TO HIGH COURT: YOU CAN ASK FOR THIS ONLY ONCE: A DISCRETION TO BE EXERCISED “WITH GREAT CIRCUMSPECTION”

June 5, 2018 · by gexall · in Abuse of Process, Applications, Case Management, Members Content

In Bass v Ministry of Defence [2018] EWHC 1297 (QB) Master Davison held it was an abuse of process for a party to make  an application to transfer to the High Court when a similar application had been made, and refused,…

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Recent Posts

  • COURT REFUSES DEFENDANTS’ APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT “WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH” IS NOT A GOOD STARTING PLACE
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  • PROFESSIONAL NEGLIGENCE NEWS 5 : WHY A SOLICITOR CAN BE NEGLIGENT, A CLAIMANT HONEST AND YET BE WHOLLY UNSUCCESSFUL IN A PROFESSIONAL NEGLIGENCE ACTION
  • WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS “HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
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Top Posts

COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"
THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM

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