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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 23
ADVICE FROM ACROSS THE PROFESSION AND AROUND THE WORLD: "CROWD SOURCED" GUIDANCE: THANKS FOR ALL THE TWEETS

ADVICE FROM ACROSS THE PROFESSION AND AROUND THE WORLD: “CROWD SOURCED” GUIDANCE: THANKS FOR ALL THE TWEETS

May 23, 2019 · by gexall · in Applications, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Members Content, Useful links

There have been a number of occasions when I have put contributions from people on Twitter on this blog.  This is usually in response to specific questions and issues raised. People have been generous in their time and Advice.  I…

PART 36: WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: NO INTEREST ON THE ADDITIONAL £75,000

PART 36: WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: NO INTEREST ON THE ADDITIONAL £75,000

May 23, 2019 · by gexall · in Interest, Members Content, Part 36

In FZO v Adams & Anor [2019] EWHC 1286 (QB) Mrs Justice Cutts considered the issue of whether interest was payable on the additional sums that a defendant pays when a claimant beats their own Part 36 offer. THE CASE…

PROVING THINGS 150: CLAIMANT FAILS TO ESTABLISH THAT THE MOVE FROM LEGAL AID TO CONDITIONAL FEE AGREEMENT WAS A REASONABLE STEP

PROVING THINGS 150: CLAIMANT FAILS TO ESTABLISH THAT THE MOVE FROM LEGAL AID TO CONDITIONAL FEE AGREEMENT WAS A REASONABLE STEP

May 23, 2019 · by gexall · in Applications, Assessment of Costs, Costs, Experts, Members Content

In YZ v Gloucestershire Hospitals NHS Foundation Trust [2019] EWHC B4 (Costs) Master Gordon-Saker found that the claimant had not established good grounds for changing from legal aid to a conditional fee agreement.   Although this is a costs issue, it…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER
CAN THE WAY IN WHICH A CLAIMANT HAS CONDUCTED A CASE MEAN THAT IT SHOULD NOT HAVE SUMMARY JUDGMENT: "CLEAN HANDS" AND OTHER EQUITABLE MAXIMS CONSIDERED
COST BITES 415: A LOOK AT SOME SUMMARY ASSESSMENTS IN AN ACTION: HOURLY RATES NOT GOING FOR A SONG

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