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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

  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: “THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES…”
  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • CLAIMS FOR LOSS OF EARNINGS: AVOIDING THE PITFALLS: WEBINAR 19th JUNE 2026 (TOGETHER WITH A USEFUL QUESTIONNAIRE AND SERIES OF CHECKLISTS)
  • THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
  • COST BITES 378 : REFORM OF THE SOLICITORS ACT 1974, PART III: READ THE CONSULATION PAPER: A CHANCE TO COMMENT ON THE PROVISIONS THAT ARE “A GREAT MYSTERY” TO MANY SOLICITORS (NOT MY WORDS…)

Top Posts

  • PROVING THINGS 288: HOW SHOULD A COURT CONSIDER A CLAIM FOR LOSS OF EARNINGS WHEN THE CLAIMANT IS STILL IN EMPLOYMENT? SMITH -v- MANCHESTER APPROACH PREVAILS
  • COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: "THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES..."
  • THE "WEAPONISATION" OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT'S NOT CLEVER, IT'S NOT "TOUGH" AND IT CERTAINLY IS NOT A MARKETING TOOL
  • WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS - BUT... : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON...
  • SERVICE POINTS 35: HOT OFF THE PRESS: THE HIGH COURT UPHOLDS INITIAL FINDING THAT AN ELECTRONICALLY ISSUED AND SUBSQUENTLY AMENDED CLAIM FORM DOES NOT HAVE TO BE RE-SEALED PRIOR TO SERVICE

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