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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » June » 19
JOB ADVERTISEMENT: PUBLIC/IMMIGRATION SOLICITOR & TRAINING LEAD: BASED IN SHEFFIELD & WORKING FOR THE ANTI-TRAFFICKING AND LABOUR EXPLOITATION UNIT

JOB ADVERTISEMENT: PUBLIC/IMMIGRATION SOLICITOR & TRAINING LEAD: BASED IN SHEFFIELD & WORKING FOR THE ANTI-TRAFFICKING AND LABOUR EXPLOITATION UNIT

June 19, 2019 · by gexall · in Job Advert, Members Content

Giles Peaker in the  Nearly Legal Housing Law blog does a major public service in providing advertising for jobs in housing and social welfare. Giles is taking a rest from blogging at the moment and I have taken up the…

THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT

THINKING OF MAKING AN APPLICATION FOR A WITHOUT NOTICE INJUNCTION? BEST READ THIS JUDGMENT

June 19, 2019 · by gexall · in Applications, Conduct, Members Content

Any public body, indeed anyone, considering making an application for a without notice injunction is best advised to read the judgment of  Mr Justice Warby in Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB).   “Urgency can…

LITIGATION THAT WAS "TOTALLY OUT OF PROPORTION": THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)

LITIGATION THAT WAS “TOTALLY OUT OF PROPORTION”: THE CLAIMANT SHOULD HAVE CUT THEIR CASE TO SUIT THEIR CLOTH: (SOMETHING ABOUT BUNDLES TOO)

June 19, 2019 · by gexall · in Assessment of Costs, Bundles, Case Management, Members Content

In White Winston Select Asset Funds LLC & Anor v Mahon & Anor [2019] EWHC 1381 (Ch) HHJ Simon Barker QC had some telling words about the manner in which the claimant had conducted litigation.  What is remarkable about this…

WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT'S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN

WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT’S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN

June 19, 2019 · by gexall · in Applications, Conduct, Injunctions, Members Content, Witness statements

The judgment in Brothers Enterprises Ltd v New World Hospitality UK Ltd [2017] EWHC 2455 (Ch) has only recently arrived on BAILLI. However it is a case that shows the importance of disclosure in relation to without notice injunctions.  What…

CASES TAKEN OUT OF THE LIST AT THE LAST MINUTE BECAUSE OF "LACK OF JUDICIAL TIME": WHAT ARE THE CAUSES? YOU BE THE JUDGE

CASES TAKEN OUT OF THE LIST AT THE LAST MINUTE BECAUSE OF “LACK OF JUDICIAL TIME”: WHAT ARE THE CAUSES? YOU BE THE JUDGE

June 19, 2019 · by gexall · in Access to justice, Adjournments, Members Content

Not for the first time I return to the matter of hearings being taken out of the list at the very last moment. This is a longstanding problem that is getting worse. There were reports last week of two sets…

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  • WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?

Top Posts

RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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