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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » January » 16
YOU CAN'T MAKE SOMEONE BANKRUPT IF THEY'VE GOT NOTHING: AN INTERESTING APPEAL

YOU CAN’T MAKE SOMEONE BANKRUPT IF THEY’VE GOT NOTHING: AN INTERESTING APPEAL

January 16, 2019 · by gexall · in Appeals, Civil Procedure, Members Content

In  Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) HHJ Hodge QC (sitting as a High Court judge) allowed an appeal against the granting of a bankruptcy petition. Essentially the petition should have not have been granted because the…

PUPILLAGE & HOW TO GET IT: A WHOLE NEW OUTLOOK: A WEBSITE WELL WORTH READING

PUPILLAGE & HOW TO GET IT: A WHOLE NEW OUTLOOK: A WEBSITE WELL WORTH READING

January 16, 2019 · by gexall · in Book Review, Members Content

One of the (many) surprising things I have come across as a result of starting this blog is a recommendation (almost a requirement) from a prominent set of chambers that their prospective pupils read it before attending for interviews ….

NON-PARTY COSTS ORDER AGAINST INSURER: UNTANGLING THE WEB

NON-PARTY COSTS ORDER AGAINST INSURER: UNTANGLING THE WEB

January 16, 2019 · by gexall · in Conduct, Costs, Members Content

In Various Claimants v Giambrone & Law (a firm) & Ors [2019] EWHC 34 (QB) a non-party costs order was made against the defendant insurers.  It provides a (fairly complex) example of a court determining a non-party order. This “summary procedure”…

TIME FOR APPEALING: ANOTHER TRICKY POINT TO WATCH: TIME RUNS FROM THE DATE OF THE DECISION AND NOT ANY LATER DATE: A HELPFUL GUIDE TO THE PROCEDURE TO BE FOLLOWED

TIME FOR APPEALING: ANOTHER TRICKY POINT TO WATCH: TIME RUNS FROM THE DATE OF THE DECISION AND NOT ANY LATER DATE: A HELPFUL GUIDE TO THE PROCEDURE TO BE FOLLOWED

January 16, 2019 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions

In McDonald v Rose & Ors [2019] EWCA Civ 4 the Court of Appeal highlighted an important point in relation to the time for appealing.  Time for appealing runs from the date that the decision is given, not a later date….

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  • 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…)
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EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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