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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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  • COST BITES 451 : INTEREST ON COSTS A RECENT JUDGMENT, A REVIEW OF POSTS AND A USEFUL CHECKLIST FOR THE RECEIVING PARTY
  • THE CURRENT IMPORTANCE OF PLEADINGS 92: THE NEED TO PROVIDE PARTICULARS OF SIGNIFICANT ALLEGATIONS: DEFENDANTS’ (LARGELY) SUCCESSFUL REQUEST FOR FURTHER INFORMATION NEEDED BEFORE THEY FILED A DEFENCE
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  • WHEN CHAT GPT DRAFTED A “SKELETON” ARGUMENT – 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES

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WHEN CHAT GPT DRAFTED A "SKELETON" ARGUMENT - 300 PAGES AND 132,000 WORDS LONG: THE LITIGANT RETAINS RESPONSIBILITY AND MUST COMPLY WITH THE RULES
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS "HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS": A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
COURT REFUSES DEFENDANTS' APPLICATIONS TO AMEND AND TO RESILE FROM ADMISSIONS: A SUBMISSION THAT "WELL WE WERE LYING WHEN WE SIGNED THOSE STATEMENTS OF TRUTH" IS NOT A GOOD STARTING PLACE

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