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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » July » 09
PROVING THINGS 119: WITNESSES & EXPERTS : "IN A CASE OF FAIRLY REMARKABLE REPORTS, THIS WAS THE MOST EXTRAORDINARY"

PROVING THINGS 119: WITNESSES & EXPERTS : “IN A CASE OF FAIRLY REMARKABLE REPORTS, THIS WAS THE MOST EXTRAORDINARY”

July 9, 2018 · by gexall · in Civil evidence, Expert evidence, Experts, Members Content, Witness statements

 If you want to see an example of problematic witness statements, and even more problematic expert witnesses, then read the judgment of Mrs Justice Jefford DBE in Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd [2018] EWHC 1602 (TCC). …

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN'T KNOW HOW TO PROVE THINGS: "THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING"

PROVING THINGS 118: IT SEEMS THAT EVEN THE LORD CHANCELLOR DOESN’T KNOW HOW TO PROVE THINGS: “THAT FINAL SENTENCE WAS BOTH INACCURATE AND MISLEADING”

July 9, 2018 · by gexall · in Access to justice, Applications, Civil evidence, Members Content

A body charged with the delivery of legal services to some of the most vulnerable people in our society (and which, incidentally, is in charge of the justice system) should  be making decisions that are logical and justifiable – you…

HOURLY RATES AND COMPLEX CASES: MASTER MAY HAVE APPLIED THE WRONG TEST BUT CAME TO THE RIGHT RESULT

HOURLY RATES AND COMPLEX CASES: MASTER MAY HAVE APPLIED THE WRONG TEST BUT CAME TO THE RIGHT RESULT

July 9, 2018 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content

In JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) Mr Justice Goss rejected an appeal in relation to hourly rates of the claimant’s solicitor in a high value clinical negligence case. THE CASE The claimant had been…

UNDERPAYMENT OF COURT FEES IS AN ABUSE OF PROCESS: HOWEVER DESPITE THIS AN ACTION WAS ISSUED WITHIN TIME & WOULD NOT BE STRUCK OUT

UNDERPAYMENT OF COURT FEES IS AN ABUSE OF PROCESS: HOWEVER DESPITE THIS AN ACTION WAS ISSUED WITHIN TIME & WOULD NOT BE STRUCK OUT

July 9, 2018 · by gexall · in Abuse of Process, Appeals, Applications, Conduct, Limitation, Members Content, Sanctions

In the judgment today in  Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) Mr Justice Turner considered the issue of whether a failure to pay the correct fee on the issue of proceedings meant that a claim was…

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  • SERVICE POINTS 45: A SOLICITOR FAILS TO CHECK THE CE FILE AND 5,000 CLAIMS GO UP IN SMOKE: SEVERAL IMPORTANT LESSONS HERE, INCLUDING THE NEED TO MAKE AN APPLICATION FOR RELIEF PROMPTLY…
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  • RELIEF FROM SANCTIONS REFUSED: SOME DELAYS WERE UNEXPLAINED AND THERE WERE OTHER BREACHES OF THE RULES: SOME LESSONS ON COMPLIANCE HERE…
  • COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
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