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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » July » 25
BUNDLES AGAIN: DOUBLE SIDED BUNDLES - A MUST AT TRIAL - A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES...)

BUNDLES AGAIN: DOUBLE SIDED BUNDLES – A MUST AT TRIAL – A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES…)

July 25, 2019 · by gexall · in Appeals, Bundles, Members Content

  There was much excitement about the rules changes so that bundles for applications and trials should be double-sided.  However nothing is consistent in legal procedure. I am grateful to barrister Matt Jackson for sending me a (highly redacted) copy…

RAISING NEW ISSUES ON APPEAL: COURT OF APPEAL CONSIDERS THE LAW: CIRCUIT JUDGE CORRECT TO ALLOW NEW ISSUE TO BE ARGUED IN RELATION TO INTEREST RATES

RAISING NEW ISSUES ON APPEAL: COURT OF APPEAL CONSIDERS THE LAW: CIRCUIT JUDGE CORRECT TO ALLOW NEW ISSUE TO BE ARGUED IN RELATION TO INTEREST RATES

July 25, 2019 · by gexall · in Appeals, Members Content

In Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337 the Court of Appeal reviewed the principles relating to new matters being raised on appeal.     “These authorities show that there is no general rule that a case…

RECOVERING THE COST OF ATTENDING THE INQUEST: MUST BE BOTH RELEVANT AND PROPORTIONATE (BUT PROPORTIONALITY IS NOT JUST ABOUT MONEY)

July 25, 2019 · by gexall · in Assessment of Costs, Costs, Fatal Accidents, Members Content, Proportionality

The judgment today in Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) deals with the, often challenging, question of whether the costs of attending an inquest is recoverable in cases where the claimant…

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK - A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

LEGAL AID MATTERS: SUCH A WONDERFUL LITTLE BOOK – A REVIEW OF 70 YEARS OF THE CONTRIBUTION OF LEGAL AID TO OUR SOCIETY

July 25, 2019 · by gexall · in Access to justice, Book Review, Members Content

This small, but important, book from the Justice Alliance is (I imagine) deliberately designed to resemble the campaigning pamphlets that used to be an essential part of public and political debate.  It was printed by the Legal Action Group and…

THE CHANGE IN THE DISCOUNT RATE:  LINKS TO THE NEW SUPPLEMENTARY TABLES

THE CHANGE IN THE DISCOUNT RATE: LINKS TO THE NEW SUPPLEMENTARY TABLES

July 25, 2019 · by gexall · in Damages, Members Content, Useful links

The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate.  The relevant page can be found here.   LINKS TO THE TABLES Actuarial tables for use in personal…

DISCLOSURE OF DOCUMENTS MENTIONED IN WITNESS STATEMENTS: MENTION MUST MEAN "SPECIFICALLY MENTION"

DISCLOSURE OF DOCUMENTS MENTIONED IN WITNESS STATEMENTS: MENTION MUST MEAN “SPECIFICALLY MENTION”

July 25, 2019 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content, Witness statements

The judgment in Rudd v Bridle & Anor [2019] EWHC 1986 (QB) also considered, and rejected, the claimant’s application for specific disclosure of documents.  Mr Justice Warby held that for an order to be made under CPR 31.15 there must be…

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