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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » January » 21
COURT DID NOT EXERCISE ITS DISCRETION TO POSTPONE THE PAYMENT OF COSTS: THE CLAIMANT COULD NOT OBTAIN SECURITY FOR COSTS BY OBTAINING AN ORDER DEFERRING PAYMENT OF COSTS

COURT DID NOT EXERCISE ITS DISCRETION TO POSTPONE THE PAYMENT OF COSTS: THE CLAIMANT COULD NOT OBTAIN SECURITY FOR COSTS BY OBTAINING AN ORDER DEFERRING PAYMENT OF COSTS

January 21, 2019 · by gexall · in Applications, Costs, Members Content, Security for Costs

There is an interesting decision today in JSC VTB Bank v Skurikhin & Ors [2019] EWHC 69 (Comm), Andrew Henshaw QC, sitting as a Judge of the High Court. The court refused to delay payment of costs to a defendant…

PROVING THINGS 138 : A WHOPPER OF AN OMISSION: McDONALD'S FAILS TO PROVE TRADEMARK RIGHTS TO "BIG MAC": ADEQUATE EVIDENCE WAS NOT ON THE MENU

PROVING THINGS 138 : A WHOPPER OF AN OMISSION: McDONALD’S FAILS TO PROVE TRADEMARK RIGHTS TO “BIG MAC”: ADEQUATE EVIDENCE WAS NOT ON THE MENU

January 21, 2019 · by gexall · in Civil evidence, Members Content, Witness statements

I am grateful to  Yisroel for pointing out the decision of the European Union Intellectual Property Office in the “Big Mac” case. It is not my usual reading. However  Yisroel  points out that McDonald’s failed because of a basic failure…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
CAN THE COURT REFUSE TO ISSUE A CLAIM FORM? CAN THE STAFF LAWFULLY REFER THE ISSUE TO THE JUDGE? AN UNUSUAL APPLICATION FOR JUDICIAL REVIEW
WAS A SOLICITOR'S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION "REASONABLE": COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?
COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER

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