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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » July » 15
ADVICE TO A NEWLY QUALIFIED LITIGATOR 4: THE GOOD STUFF  ABOUT BEING A LITIGATOR - FROM NICE LAWYERS

ADVICE TO A NEWLY QUALIFIED LITIGATOR 4: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS

July 15, 2019 · by gexall · in Contest, Charity,, Members Content, Well being

This is the final post in this series. Readers may be best advised to keep coming back to it.  I have asked on Twitter for positive views and contributions about being a litigator. As an incentive there is a prize…

ADVICE TO A NEWLY QUALIFIED LITIGATOR 3: THINGS WILL GO WRONG, ADMIT IT, DEAL WITH IT AND NEVER, EVER, EVER ATTEMPT TO HIDE IT

ADVICE TO A NEWLY QUALIFIED LITIGATOR 3: THINGS WILL GO WRONG, ADMIT IT, DEAL WITH IT AND NEVER, EVER, EVER ATTEMPT TO HIDE IT

July 15, 2019 · by gexall · in Avoiding negligence claims, Members Content, Well being

At sometime in everybody’s legal career there is likely to be a situation when mistakes are made and everything points to you. Mathew Hickey puts the point succinctly in Rocket Lawyer “There will be moments in your legal career when things…

ADVICE TO A NEWLY QUALIFIED LITIGATOR (2): BE LEGALLY STREETWISE : A LITIGATION CLIENT'S STRATEGY MAY POSSIBLY BE TO BLAME YOU

ADVICE TO A NEWLY QUALIFIED LITIGATOR (2): BE LEGALLY STREETWISE : A LITIGATION CLIENT’S STRATEGY MAY POSSIBLY BE TO BLAME YOU

July 15, 2019 · by gexall · in Avoiding negligence claims, Members Content, Useful links, Well being

In the second in this series I am reminding everyone of a very useful post from Darlingtons solicitors . I said at the time it was first written that it deserved wider publication, and they kindly agreed I could reproduce it. …

APPEAL ON COSTS BUDGETING : CLAIMANT'S APPEAL UNSUCCESSFUL: AN OFFER AS TO COSTS DOES NOT BECOME THE BENCHMARK FIGURE

APPEAL ON COSTS BUDGETING : CLAIMANT’S APPEAL UNSUCCESSFUL: AN OFFER AS TO COSTS DOES NOT BECOME THE BENCHMARK FIGURE

July 15, 2019 · by gexall · in Appeals, Costs, Costs budgeting, Members Content, Proportionality

In Gray v Commissioner of Police for the Metropolis [2019] EWHC 1780 (QB) Mr Justice Lambert dismissed the claimant’s appeal from cost budgeting decisions.    The judgment contains important observations about the nature of cost budgeting hearings and appeals on…

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  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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