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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 21
SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

SIGNATURES, ELECTRONIC SIGNATURES AND STATEMENTS OF TRUTH: A BRIEF REFRESHER

May 21, 2019 · by gexall · in Applications, Members Content, Statements of Case, Statements of Truth, Witness statements

One aspect of the decision in Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 that may be unique is the fact that the court will be considering the statement of truth certified by an electronic signature.  That case emphasises, if…

TRYING TO SERVE A SUPPLEMENTAL EXPERT'S REPORT: WHEN DO THE DENTON PRINCIPLES APPLY?

TRYING TO SERVE A SUPPLEMENTAL EXPERT’S REPORT: WHEN DO THE DENTON PRINCIPLES APPLY?

May 21, 2019 · by gexall · in Applications, Expert evidence, Experts, Extensions of time, Members Content, Relief from sanctions

In Global Horizons Corporation -v- Gray [2019] EWHC 1132 (Ch) Mr Justice Arnold considered the question of when the Denton principles apply to service of a “supplementary” medical report.   “… the question of whether an application for permission to…

BECOME ONE OF THE GREAT (NON-ALCOHOLIC) WINE OR BEER BUFFS (AND THERE IS CHOCOLATE IN IT TOO)

BECOME ONE OF THE GREAT (NON-ALCOHOLIC) WINE OR BEER BUFFS (AND THERE IS CHOCOLATE IN IT TOO)

May 21, 2019 · by gexall · in Charity, Contest, Charity,, Members Content

The Auxilium Group have laid down a challenge to get people interested in non-alcoholic wine and/or beer.  Write a review in the style of one of the great wine buffs of our time.  They have sent me the rules. THE…

"THE COURT REFORM PROGRAMME IS MARKED BY RECKLESSNESS AND LACK OF FORESIGHT": VIEWS FROM THE FRONT LINE: MORE RESPONSES TO THE JUSTICE COMMITTEE

“THE COURT REFORM PROGRAMME IS MARKED BY RECKLESSNESS AND LACK OF FORESIGHT”: VIEWS FROM THE FRONT LINE: MORE RESPONSES TO THE JUSTICE COMMITTEE

May 21, 2019 · by gexall · in Access to justice, Members Content

The responses to the Justice Committee review are a virtual gold mine of information for anyone interested in civil procedure and the practical impact of court reforms. The reforms have not meant improvements, far from it. This can be seen…

TELEPHONE HEARINGS WHEN COUNSEL WON'T ANSWER THE TELEPHONE: THE  UNHAPPY LORD JUSTICE

TELEPHONE HEARINGS WHEN COUNSEL WON’T ANSWER THE TELEPHONE: THE UNHAPPY LORD JUSTICE

May 21, 2019 · by gexall · in Adjournments, Applications, Civil Procedure, Members Content

There is a short judgment recently arrived on BAILLI which fits in well with the earlier post about telephone and electronic hearings. In Nixon & Anor v Secretary of State for the Home Department [2017] EWCA Civ 2694 Lord Justice…

CIVIL PROCEDURE BACK TO BASICS 45: THE COURT CAN REDUCE THE NUMBER OF WITNESSES AND EVIDENCE BEFORE TRIAL

CIVIL PROCEDURE BACK TO BASICS 45: THE COURT CAN REDUCE THE NUMBER OF WITNESSES AND EVIDENCE BEFORE TRIAL

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

We are looking at CPR 33.2(3) in relation to the reducing of witnesses or identifying issues prior to trial. THE RULE CPR 32.2(3)   “(3) The court may give directions – (a) identifying or limiting the issues to which factual…

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  • COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: “THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION”
  • COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
  • BACK TO BASICS MONDAY: THE NEED TO SERVE A SEALED CLAIM FORM: LITIGATORS HAVE BEEN COMING TO GRIEF ON THIS ISSUE FOR WELL OVER A DECADE (AT LEAST…)
  • COST BITES 454 : INTEREST ON COSTS: A SERIES OF CHECKLISTS AND USEFUL LINKS FOR THE PAYING PARTY
  • COST BITES 453: YOU ARE NOT GETTING A SUMMARY ASSESSMENT JUST BECAUSE YOU ALL WANT ONE: THE BROADBRUSH IS TOO BLUNT A TOOL FOR THIS PROCESS

Top Posts

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
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
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
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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