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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » October » 19
INDEMNITY COSTS: CAN BE AWARDED WHEN CLAIMANT DISCONTINUES FOUR DAYS INTO A SIX WEEK TRIAL

INDEMNITY COSTS: CAN BE AWARDED WHEN CLAIMANT DISCONTINUES FOUR DAYS INTO A SIX WEEK TRIAL

October 19, 2018 · by gexall · in Conduct, Costs, Members Content

In Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) Mr Justice Hildyard awarded indemnity costs in a case where the claimant discontinued four days into a six week trial. “My assessment is that this was high-risk…

COURT STEPS OUTSIDE THE FIXED COSTS REGIME: DEFENDANT'S CONDUCT AMOUNTED TO AN ABUSE

COURT STEPS OUTSIDE THE FIXED COSTS REGIME: DEFENDANT’S CONDUCT AMOUNTED TO AN ABUSE

October 19, 2018 · by gexall · in Conduct, Costs, Fixed Costs, Members Content, Uncategorized

The Intellectual Property Enterprise Court (IPEC) guards its fixed costs regime very jealously. Prior to the decision in Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor [2018] EWHC 2728 there appears to have only been one previous…

MARMITE: SKELETON ARGUMENTS: "SO CALLED": ATTEMPTS TO APPEAL THE FACTS: A SPREAD OF ISSUES CONSIDERED

MARMITE: SKELETON ARGUMENTS: “SO CALLED”: ATTEMPTS TO APPEAL THE FACTS: A SPREAD OF ISSUES CONSIDERED

October 19, 2018 · by gexall · in Appeals, Members Content, Witness statements

In  Solicitors Regulation Authority v Day & Ors [2018] EWHC 2726 the Divisional Court rejected the SRA’s appeal against a decision of the Solicitors’ Disciplinary Tribunal. There are some interesting comments about the number of documents and the length of skeleton’s…

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  • AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..
  • WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION
  • COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: "VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL"
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