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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » April » 24
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, Members Content, 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 Members Content, 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, Members Content

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, Members Content, 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, Members Content, 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…

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