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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 24
ANOTHER TRIAL BUNDLE CASE: ACTION STRUCK OUT FOR FAILURE TO PREPARE TRIAL BUNDLE: APPEAL AGAINST STRIKING OUT DISMISSED

ANOTHER TRIAL BUNDLE CASE: ACTION STRUCK OUT FOR FAILURE TO PREPARE TRIAL BUNDLE: APPEAL AGAINST STRIKING OUT DISMISSED

May 24, 2019 · by gexall · in Appeals, Applications, Bundles, Civil Procedure, Members Content, Relief from sanctions

In Al-Balhaa v Raphael & Ors [2019] EWHC 1323 (QB) Mr Justice Nicol upheld a finding that the action was struck out because of the claimant’s failure to prepare a trial bundle and relief from sanctions should not be granted. …

A CAVALCADE OF COSTS CASES:  HOLIDAY READING:  SOMETHING TO CHEER UP COST LAWYERS OVER THE BANK HOLIDAY WEEKEND...

A CAVALCADE OF COSTS CASES: HOLIDAY READING: SOMETHING TO CHEER UP COST LAWYERS OVER THE BANK HOLIDAY WEEKEND…

May 24, 2019 · by gexall · in Assessment of Costs, Conduct, Costs, Costs budgeting, Members Content

A number of costs cases have arrived on BAILLI all are decisions of Master Rowley relating to costs. EXCLUDING INTEREST ON COSTS MEANS THAT THIS IS NOT A PART 36 OFFER Ngassa v The Home Office & Anor [2018] EWHC…

APPELLANT'S COSTS OF APPEAL WERE "MANIFESTLY UNREASONABLE" : COURT OF APPEAL  REDUCES £71,072 SCHEDULE TO £13,000

APPELLANT’S COSTS OF APPEAL WERE “MANIFESTLY UNREASONABLE” : COURT OF APPEAL REDUCES £71,072 SCHEDULE TO £13,000

May 24, 2019 · by gexall · in Appeals, Costs, Members Content

A short postcript to the Court of Appeal judgment in Jofa Ltd & Anor v Benherst Finance Ltd & Anor [2019] EWCA Civ 899 makes some telling remarks about the cost of appeals. “the amount of costs claimed by the…

PART 36 OFFER ON COSTS THAT STATES IT IS "EXCLUSIVE OF INTEREST" IS STILL A VALID OFFER: HIGH COURT DECISION CONSIDERED

PART 36 OFFER ON COSTS THAT STATES IT IS “EXCLUSIVE OF INTEREST” IS STILL A VALID OFFER: HIGH COURT DECISION CONSIDERED

May 24, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Members Content, Part 36

I am grateful to barrister Jamie Carpenter for sending me a copy of the decision of Mr Justice Nicol in Horne -v- Prescot (No 1) Ltd 2019 1322 (QB). The case relates to whether a Part 36 offer on costs,…

EXPERT EVIDENCE, LAW, PRACTICE AND PROCEDURE: WEBINAR 2nd JULY 2019

EXPERT EVIDENCE, LAW, PRACTICE AND PROCEDURE: WEBINAR 2nd JULY 2019

May 24, 2019 · by gexall · in Courses, Credibility of experts, Expert evidence, Experts, Members Content

There are more than 500 posts on this blog that deal with, or mention, expert evidence. It is a central feature of much litigation. I am giving a webinar on the relevant law, practice and procedure of experts on the…

PROVING THINGS 151: DEPENDENCY IN A FATAL ACCIDENT ACT CLAIM:  ADULT CHILD DEPENDANTS RECEIVE DAMAGES FOR FUTURE CONTRIBUTIONS TO WEDDINGS AND TOWARDS THEIR FIRST HOME

PROVING THINGS 151: DEPENDENCY IN A FATAL ACCIDENT ACT CLAIM: ADULT CHILD DEPENDANTS RECEIVE DAMAGES FOR FUTURE CONTRIBUTIONS TO WEDDINGS AND TOWARDS THEIR FIRST HOME

May 24, 2019 · by gexall · in Civil evidence, Courses, Damages, Fatal Accidents, Members Content

In  AB v KL [2019] EWHC 611 (QB) David Edwards QC (sitting as a judge of the High Court) considered the nature of the evidence needed to establish damages under the Fatal Accidents Act 1976.  It is also important both…

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Recent Posts

  • ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)
  • THE CURRENT IMPORTANCE OF PLEADINGS 83: THE CASE OF THE SOLICITOR’S LIEN: THE JUDGE SHOULD NOT HAVE DECIDED AN APPLICATION TO STRIKE OUT ON THE BASIS OF AN UNPLEADED CASE
  • THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED
  • AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…

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NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES' COURT, THE LANDS CHAMBER (AND MANY OTHERS)
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: "THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE"
THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL...)

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