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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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  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE
  • EXPERT WATCH 71: “I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE”: THE EXPERT WAS “ADVOCATING” AND “HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL”
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  • MORE ABOUT THE CASE AGAINST A SOLICITOR BEING STRUCK OUT: THE ABSENCE OF AN ASSUMPTION OF RESPONSIBILITY MEANT THERE WAS NO CASE: A CLAIMANT CANNOT HOPE THAT “SOMETHING WILL TURN UP” ON DISCLOSURE…

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