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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » November » 13
LITIGATION IS A TOUGH WORLD: IF YOU MAKE MISTAKES:  GET HELP - PLEASE

LITIGATION IS A TOUGH WORLD: IF YOU MAKE MISTAKES: GET HELP – PLEASE

November 13, 2018 · by gexall · in Access to justice, Avoiding negligence claims, Case Management, Members Content

The decision of the Administrative Court in Solicitors Regulation Authority v James [2018] EWHC 3058 (Admin) has already received wide publication.  The Court overturned a decision of the Solicitors Disciplinary Tribunal not to strike off solicitors who had been dishonest.  It…

LIVE COURT OF APPEAL STREAMING - GIVES YOU A GRANDSTAND SEAT

LIVE COURT OF APPEAL STREAMING – GIVES YOU A GRANDSTAND SEAT

November 13, 2018 · by gexall · in Access to justice, Advocacy, Appeals, Members Content

The Court of Appeal pilot scheme for live streaming will start on Thursday, details are available on the Court and Tribunals Judiciary website. THE FIRST MATCH… The first case to be heard  with live streaming concerns West Ham United football…

THE DANGERS OF BEING "BULLISH" ON PROCEDURAL ISSUES: APPLICATION DISMISSED (AND IT TOOK TOO LONG)

THE DANGERS OF BEING “BULLISH” ON PROCEDURAL ISSUES: APPLICATION DISMISSED (AND IT TOOK TOO LONG)

November 13, 2018 · by gexall · in Abuse of Process, Applications, Case Management, Civil evidence, Civil Procedure, Members Content, Relief from sanctions, Striking out, Witness statements

In Red Bull GmbH v Big Horn UK Ltd & Ors [2018] EWHC 2794 (Ch) Master Clark completed the judgment”I conclude by noting the regrettable extent to which this judgment has been lengthened by the determination of the procedural points of…

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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