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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2019 » April
BEING A LAWYER AND BEING A PARENT: CAN THE TWO BE COMBINED? GUIDANCE FROM OUR FRIENDS ON TWITTER, WELL HERE'S A START AT LEAST

BEING A LAWYER AND BEING A PARENT: CAN THE TWO BE COMBINED? GUIDANCE FROM OUR FRIENDS ON TWITTER, WELL HERE’S A START AT LEAST

April 27, 2019 · by gexall · in Well being

For the next crowd-s0urced advice to the profession we are looking at the difficult combination of lawyerhood and parenthood. How do you combine the two.   What practical advice can you offer to those who try to combine practice with parenthood. …

DOES THE BASIC LAW OF EVIDENCE AND PROCEDURE RUN IN THE IMMIGRATION IMMIGRATION UPPER TRIBUNAL? A MATTER OF CONCERN TO US ALL

DOES THE BASIC LAW OF EVIDENCE AND PROCEDURE RUN IN THE IMMIGRATION IMMIGRATION UPPER TRIBUNAL? A MATTER OF CONCERN TO US ALL

April 27, 2019 · by gexall · in Appeals, Civil Procedure, Witness statements

The Immigration Upper Tribunal does not appear to recognise some of the basic principles of civil evidence and appellate jurisdiction.  Certainly this is the impression you get when reading the judgment of Lord Justice Davis in Palash v Secretary of…

PROVING THINGS 147: CLAIM FOR NOT PURSUING NEGLIGENT SOLICITORS LEADS TO  NOMINAL DAMAGES ONLY: NO DAMAGES FOR "LOSS OF CHANCE"

PROVING THINGS 147: CLAIM FOR NOT PURSUING NEGLIGENT SOLICITORS LEADS TO NOMINAL DAMAGES ONLY: NO DAMAGES FOR “LOSS OF CHANCE”

April 26, 2019 · by gexall · in Civil evidence, Damages, Professional negligence,, Witness statements

The judgment in Waraich & Anor v Ansari Solicitors (A firm) [2019] EWHC 1038 (Comm) HHJ Pearce also contains yet another example of  claimants failing to prove any loss at trial. There was no evidence to support any claim for…

WITNESS STATEMENTS WHEN THE WITNESS CANNOT READ ENGLISH: NOT GROUNDS FOR STRIKING OUT, RELIEF FROM SANCTIONS MAY NOT BE REQUIRED

WITNESS STATEMENTS WHEN THE WITNESS CANNOT READ ENGLISH: NOT GROUNDS FOR STRIKING OUT, RELIEF FROM SANCTIONS MAY NOT BE REQUIRED

April 26, 2019 · by gexall · in Applications, Civil evidence, Relief from sanctions, Witness statements

In Waraich & Anor v Ansari Solicitors (A firm) [2019] EWHC 1038 (Comm) HHJ Pearce (sitting as a High Court Judge) considered the issues that arose when a point arose at the beginning of a trial in relation to signature…

NEW PRECEDENT R: STARTED TODAY (CONTAIN YOUR EXCITEMENT): USEFUL LINKS AND GUIDANCE

NEW PRECEDENT R: STARTED TODAY (CONTAIN YOUR EXCITEMENT): USEFUL LINKS AND GUIDANCE

April 25, 2019 · by gexall · in Costs, Costs budgeting, Rule Changes

Credit to Costs Lawyer Jessica Swannell for reminding people on Linked In that the new Precedent R must be used from today.  It is a good time to provide a link to the new form and some useful posts and…

ALLOCATION TO LEVEL OF JUDGE :  "FAME" DOESN'T MATTER - THE TIME IT WILL TAKE TO OBTAIN A HEARING DOES

ALLOCATION TO LEVEL OF JUDGE : “FAME” DOESN’T MATTER – THE TIME IT WILL TAKE TO OBTAIN A HEARING DOES

April 25, 2019 · by gexall · in Applications, Civil Procedure

In Schumacher v Clarke [2019] EWHC 1031 (Ch) Chief Master Marsh held that the time it would take to obtain a hearing date is a factor in relation to which judge the matter would be allocated to. The Master also…

CIVIL PROCEDURE BACK TO BASICS 39: A NOTICE TO ADMIT FACTS: THE RULES AND CASE LAW

CIVIL PROCEDURE BACK TO BASICS 39: A NOTICE TO ADMIT FACTS: THE RULES AND CASE LAW

April 25, 2019 · by gexall · in Applications, Civil evidence, Civil Procedure

In a discussion about the 20th anniversary of the Civil Procedure Rules on Twitter today someone asked if “Notices to Admit Facts” were still available, they had not seen one for a long time. The rules still permit parties to…

tWENTY YEARS OF THE CIVIL PROCEDURE RULES: ALL THAT TIME AND THEY HAVE MADE FEW FRIENDS

tWENTY YEARS OF THE CIVIL PROCEDURE RULES: ALL THAT TIME AND THEY HAVE MADE FEW FRIENDS

April 25, 2019 · by gexall · in Civil evidence, Civil Procedure, Costs budgeting, Uncategorized

I have already done a post on the 20th anniversary of the Civil Procedure Rules on the 26th April.  In an effort to find supporters I tried again.  The Civil Procedure Rules, it appears, has very few friends…    …

CIVIL PROCEDURE BACK TO BASICS 38: THE DEFENCE TO COUNTERCLAIM

CIVIL PROCEDURE BACK TO BASICS 38: THE DEFENCE TO COUNTERCLAIM

April 24, 2019 · by gexall · in Applications, Civil Procedure, Statements of Case, Striking out

The previous post was about the “reply”. The rules relating to a Defence to Counterclaim are different. Very importantly the timing of the defence to counterclaim is different.  There is an obligation on a claimant to properly and fully plead…

CIVIL PROCEDURE BACK TO BASICS 37: THE EVER SO HUMBLE REPLY: CANNOT BE USED TO BRING A NEW CLAIM

CIVIL PROCEDURE BACK TO BASICS 37: THE EVER SO HUMBLE REPLY: CANNOT BE USED TO BRING A NEW CLAIM

April 24, 2019 · by gexall · in Statements of Case

The closing passages of the judgment in Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) dealt with the Claimant’s reply.  It is worthwhile looking at the rules and case law relating to this aspect of civil procedure. …

A CASE WHERE LAWYERS BECOME RESPONDENTS TO THE ACTION WHERE A PARTY IS SEEKING TO RECOVER COSTS: ALSO WAIVING PRIVILEGE IN WITHOUT PREJUDICE CORRESPONDENCE

A CASE WHERE LAWYERS BECOME RESPONDENTS TO THE ACTION WHERE A PARTY IS SEEKING TO RECOVER COSTS: ALSO WAIVING PRIVILEGE IN WITHOUT PREJUDICE CORRESPONDENCE

April 24, 2019 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs

Technically speaking, the judgment of Mrs Justice Andrews in Willers v Joyce & Ors [2019] EWHC 937 (Ch) is about the “without prejudice” rule. However the point that has caught everyone’s attention is the fact that lawyers, previously  acting for…

FRESH EYES NOT A GOOD REASON FOR PERMISSION TO AMEND: COURT REFUSED CLAIMANT'S LATE APPLICATION TO RE-CAST ITS CASE

FRESH EYES NOT A GOOD REASON FOR PERMISSION TO AMEND: COURT REFUSED CLAIMANT’S LATE APPLICATION TO RE-CAST ITS CASE

April 24, 2019 · by gexall · in Amendment, Applications, Statements of Case

In  Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) Martin Griffiths QC, sitting as a High Court judge, disallowed a late application to amend.  It is another example of an application being made shortly before trial,…

AN "UNFORTUNATE CHANGE OF VIEW" BY AN EXPERT: ANOTHER EXAMPLE OF A REPORT NOT BEING ROBUST AND CAUSING DIFFICULTY FOR LITIGANTS

AN “UNFORTUNATE CHANGE OF VIEW” BY AN EXPERT: ANOTHER EXAMPLE OF A REPORT NOT BEING ROBUST AND CAUSING DIFFICULTY FOR LITIGANTS

April 24, 2019 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Risks of litigation

There have been several posts this month about experts, particularly valuation experts.  There are short passages in the judgment of Chief Master Marsh in  Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch)  which provide another example. THE…

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE - A CASE THAT ILLUSTRATES THE POINT

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE – A CASE THAT ILLUSTRATES THE POINT

April 23, 2019 · by gexall · in Applications, Civil Procedure, Injunctions

There is an interesting discussion of the duty to give full and fair disclosure in the judgment of HHJ Klein (sitting as a High Court judge) in  Wild Brain Family International Ltd v Robson & Anor [2018] EWHC 3163 (Ch). …

CIVIL PROCEDURE BACK TO BASICS 36A: UNDERSTANDING "LITIGATION WISHFUL THINKING"

CIVIL PROCEDURE BACK TO BASICS 36A: UNDERSTANDING “LITIGATION WISHFUL THINKING”

April 23, 2019 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Witness statements

In assessing a case, and the evidence of both sides, litigators have to be aware of the process of  “litigation wishful thinking”.  Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have…

THE ASSESSMENT OF EXPERT  WITNESS CREDIBILITY: THE EARLIER THE BETTER (PARTICULARLY IF IT COSTS SOMEONE £7.5 MILLION)

THE ASSESSMENT OF EXPERT WITNESS CREDIBILITY: THE EARLIER THE BETTER (PARTICULARLY IF IT COSTS SOMEONE £7.5 MILLION)

April 22, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Costs, Expert evidence

The judgment of Mr Justice Snowden in  Davey v Money & Anor [2019] EWHC 997 (Ch) will, no doubt, be read anxiously by all litigation funders. The judge held that the “Arkin cap” – a limit on the liability of…

WHAT DO LAWYERS DREAM ABOUT? ODD SHOES, PINK HAIR AND BEING LATE FOR COURT

WHAT DO LAWYERS DREAM ABOUT? ODD SHOES, PINK HAIR AND BEING LATE FOR COURT

April 22, 2019 · by gexall · in Bundles, Case Management, Well being

This post started out of a perfectly amicable tweet from law lecturer extraordinaire Snigdha Nag, wishing everyone taking  exams good luck. That led some practitioners to reply that they were still having nightmares about law exams.  That then led to…

REVIEW OF BLOCK LISTING: HELP PIBA WITH INFORMATION ON ITS "EFFECTIVENESS" (AND THE PROBLEMS CAUSED TO THOSE WHO ARE NOT REACHED)

REVIEW OF BLOCK LISTING: HELP PIBA WITH INFORMATION ON ITS “EFFECTIVENESS” (AND THE PROBLEMS CAUSED TO THOSE WHO ARE NOT REACHED)

April 22, 2019 · by gexall · in Access to justice, Applications

Every so often the MOJ has periods of “block listing” events at the Royal Court of Justice.  Essentially many Fast Track cases are listed and many dozens of litigants turn up in the hope of having their cases heard.  This…

FIXED COSTS, CASES OVER £25,000, EXCEPTIONAL CIRCUMSTANCES AND THE BASKET OF CASES

FIXED COSTS, CASES OVER £25,000, EXCEPTIONAL CIRCUMSTANCES AND THE BASKET OF CASES

April 18, 2019 · by gexall · in Appeals, Civil Procedure, Costs, Fixed Costs

In Ferri v Gill [2019] EWHC 952 (QB)Mr Justice Stewart considered the relevant criteria to be applied when a claimant argued that fixed costs should not be applied to a case that had started in the portal but was settled…

RECORDINGS ARE DOCUMENTS: AN APPROACH TO EVIDENCE THAT WAS UNSATISFACTORY

RECORDINGS ARE DOCUMENTS: AN APPROACH TO EVIDENCE THAT WAS UNSATISFACTORY

April 16, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Disclosure

In the judgment in Guest v Guest & Anor [2019] EWHC 869 (Ch) HHJ Russen (sitting as a High Court judge) commented on the unsatisfactory way in which recordings had been disclosed and produced to the court.  It provides a…

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