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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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CASE FALLING OUTSIDE THE FIXED COSTS REGIME: ASSAULT BY A VULNERABLE ADULT: REPORT OF A FIRST INSTANCE DECISION: FIXED COSTS DO NOT APPLY

CASE FALLING OUTSIDE THE FIXED COSTS REGIME: ASSAULT BY A VULNERABLE ADULT: REPORT OF A FIRST INSTANCE DECISION: FIXED COSTS DO NOT APPLY

July 28, 2019 · by gexall · in Costs, Fixed Costs

I am grateful to solicitor John McQuater for sending me a copy of the judgment of District Judge Hickinbottom in Gibbons -v- Rotherham Doncaster and South Humber NHS Foundation Trust (o4/06/2019).  It concerns the question of whether an assault by…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2: HOW DO YOU MISS THE THREE YEAR LIMITATION PERIOD?

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 2: HOW DO YOU MISS THE THREE YEAR LIMITATION PERIOD?

July 28, 2019 · by gexall · in Avoiding negligence claims, Limitation, Personal Injury

This series looks at avoiding negligence claims in litigation, personal injury litigation in particular.  The easiest (and most common) method of a negligence claim is missing the limitation period. How does anyone miss a three year limitation period?  The basic…

DELAY OF 18 MONTHS IN GIVING JUDGMENT DID NOT UNDERMINE THE JUDGE'S VIEW AS TO CREDIBILITY

DELAY OF 18 MONTHS IN GIVING JUDGMENT DID NOT UNDERMINE THE JUDGE’S VIEW AS TO CREDIBILITY

July 28, 2019 · by gexall · in Appeals, Civil evidence, Witness statements

In Nuttal & Anor v Kerr & Anor [2019] EWHC 1977 (QB) Mr Justice Freedman rejected an argument that an excessive delay in giving judgment meant that the trial judge’s conclusions were innately unreliable.  (The judgment also reviews the authorities…

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  • THE JUDICIAL USE OF FOOTNOTES: A WIFE TRYING TO RUN HUSBAND OVER WITH A VAN IS “ALWAYS A TELLTALE SIGN THAT A COUPLE ARE DRIFTING APART”
  • “THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT”: INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
  • MEDIATION PRIVILEGE UPHELD: “PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT”
  • “BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”
  • AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL

Top Posts & Pages

  • THE JUDICIAL USE OF FOOTNOTES: A WIFE TRYING TO RUN HUSBAND OVER WITH A VAN IS “ALWAYS A TELLTALE SIGN THAT A COUPLE ARE DRIFTING APART”
  • MEDIATION PRIVILEGE UPHELD: "PARTIES MUST BE FREE TO CANDIDLY DISCUSS ALL OPTIONS FOR SETTLEMENT"
  • "THE DEVELOPING BODY OF LAW AS TO THE RELATIONSHIP BETWEEN COSTS MANAGEMENT AND DETAILED ASSESSMENT": INTERIM ORDER FOR COSTS AFTER A TRIAL: 90% OF BUDGETED COSTS 70% OF INCURRED COSTS
  • AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL
  • "BUILD IT AND WHO CARES IF THEY COME": THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF "SCHOOL-GRADE WEB SKILLS"

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