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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » March » 26
DENTON CONSIDERED: EXTENSION ALLOWED WHEN NOTICE HAD GONE INTO SOLICITOR'S SPAM FOLDER

DENTON CONSIDERED: EXTENSION ALLOWED WHEN NOTICE HAD GONE INTO SOLICITOR’S SPAM FOLDER

March 26, 2019 · by gexall · in Appeals, Civil Procedure, Members Content, Relief from sanctions

In Adetoye v The Solicitors Regulation Authority [2019] EWHC 707 (Admin) Mr Justice Mostyn allowed an appellant an extension of time when a notice of appeal was served late.  The  delay was because the appellant had not noticed the order appealed…

ADVICE FOR THE ASPIRANT OR TYRO LAWYER: WHEN TWITTER CAN BE YOUR FRIEND (IN FACT YOU CAN HAVE DOZENS OF FRIENDS GIVING YOU ADVICE)

ADVICE FOR THE ASPIRANT OR TYRO LAWYER: WHEN TWITTER CAN BE YOUR FRIEND (IN FACT YOU CAN HAVE DOZENS OF FRIENDS GIVING YOU ADVICE)

March 26, 2019 · by gexall · in Members Content, Uncategorized

This is a post started almost by accident.  It started with a tweet when a barrister was happy to be sitting on her sofa, for a change and said this is the reality of legal life.  It led to dozens…

A WITNESS STATEMENT IS NOT A  PLACE TO VENT YOUR SPLEEN: "DEPLORABLE PERSONAL ATTACKS" COULD HAVE AN EFFECT ON COSTS

A WITNESS STATEMENT IS NOT A PLACE TO VENT YOUR SPLEEN: “DEPLORABLE PERSONAL ATTACKS” COULD HAVE AN EFFECT ON COSTS

March 26, 2019 · by gexall · in Applications, Civil evidence, Members Content, Witness statements

There is a short closing remark in Mr Justice Mostyn’s judgment in Rothschild v Charmaine De Souza [2018] EWHC 1855 (Fam) that shows the danger of including personal attacks in witness statements. It is comforting to see how often this type…

"PLEADINGS THAT ARE OF SUCH DISPROPORTIONATE LENGTH AND DENSITY": "THE CLAIM BECAME IMPENETRABLE AND UNNECESSARILY EXPENSIVE TO DEAL WITH"

“PLEADINGS THAT ARE OF SUCH DISPROPORTIONATE LENGTH AND DENSITY”: “THE CLAIM BECAME IMPENETRABLE AND UNNECESSARILY EXPENSIVE TO DEAL WITH”

March 26, 2019 · by gexall · in Amendment, Applications, Costs, Members Content, Statements of Case

In Galazi& Anor v Christoforou & Ors [2019] EWHC 670 (Ch) Chief Master Marsh considered the costs consequences of amendment and the effective discontinuance of certain causes of action.  There are two particular aspects of the judgment of general interest. Firstly…

BREACH OF REGULATIONS IS IPSO FACTO NEGLIGENT: HIGH COURT JUDGMENT ON s.69 OF THE ERRA

BREACH OF REGULATIONS IS IPSO FACTO NEGLIGENT: HIGH COURT JUDGMENT ON s.69 OF THE ERRA

March 26, 2019 · by gexall · in Civil evidence, Members Content, Personal Injury

I am grateful to Colm Nugent for sending me a copy of the judgment of HH Gore QC (sitting as a High Court judge) in Tonkins -v- Tapp  (7th December 2018).   The judgment deals with the issue of the relevance…

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