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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » June » 26
FIFTH BIRTHDAY REVIEW 8: MYTHS ABOUT LIMITATION

FIFTH BIRTHDAY REVIEW 8: MYTHS ABOUT LIMITATION

June 26, 2018 · by gexall · in Limitation, Members Content, Personal Injury

This was a series in 2017. Looking at common “myths” or misconceptions in relation to limitation issues, particularly in personal injury cases.     MYTHUSTING 1 The limitation period for a personal injury action based on breach of contract is…

WHEN THE OTHER SIDE'S LAWYER SENDS THE COURT PRIVILEGED DOCUMENTS:  THE DILEMMA OF THE PARALEGAL "WHISTLE BLOWER"

WHEN THE OTHER SIDE’S LAWYER SENDS THE COURT PRIVILEGED DOCUMENTS: THE DILEMMA OF THE PARALEGAL “WHISTLE BLOWER”

June 26, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Setting aside judgment

   Several people have pointed out the judgment in Bruzas v Saxton [2018] EWHC 1619 (Fam) to me. This is a case that could have profound effects for the profession and the principles of legal professional privilege. This is the preliminary…

FIFTH BIRTHDAY REVIEW 7: THE "BACK TO BASICS" SERIES

FIFTH BIRTHDAY REVIEW 7: THE “BACK TO BASICS” SERIES

June 26, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

I am looking back at the posts that have been part of a series over the past five years. The “Back to Basics” posts are part of  a series that is  very much ongoing. The aim of each post is…

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Recent Posts

  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…
  • INTEREST ON DAMAGES: (1) GENERALLY; (2) AFTER THE DEFENDANT FAILS TO BEAT A PART 36 OFFER: THERE IS NO NEED TO FIND DISHONESTY OR SERIOUS CONDUCT TO AWARD ENHANCED INTEREST
  • WITNESS EVIDENCE WEDNESDAY: RED FLAGS AND WITNESS STATEMENTS (1): THE WITNESS THAT GIVES THE COURT THEIR OPINION

Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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