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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » August » 07
SUCCESSFUL APPEAL OF A DECISION NOT TO PROVIDE COURT FEE REMISSION: GUIDANCE ON HOW TO APPEAL  REFUSAL TO GRANT REMISSION

SUCCESSFUL APPEAL OF A DECISION NOT TO PROVIDE COURT FEE REMISSION: GUIDANCE ON HOW TO APPEAL REFUSAL TO GRANT REMISSION

August 7, 2019 · by gexall · in Appeals, Costs, Court fees, Members Content

I am grateful to solicitor Anthony McCarthy for sending me brief details of a successful appeal against a decision refusing remission of court fees.   Anthony states that successful appeals are very rare. ANTHONY’S NOTE ON THE APPEAL Fee was £10k…

NOT GIVING SOURCES OF INFORMATION AND BELIEF WHEN A SOLICITOR FILES A WITNESS STATEMENT:  A PROBLEM BREAKING OUT ALL OVER

NOT GIVING SOURCES OF INFORMATION AND BELIEF WHEN A SOLICITOR FILES A WITNESS STATEMENT: A PROBLEM BREAKING OUT ALL OVER

August 7, 2019 · by gexall · in Appeals, Members Content, Summary judgment, Witness statements

 A post yesterday commented on the dangers of a solicitor (or indeed anyone) making a witness statement without giving the sources of their information and belief.  An identical issue arose in the judgment of Deputy Master Linwood in Islestarr Holdings…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 7: SERVICE OF THE CLAIM FORM (1) - TIME (SIT UP AND PAY ATTENTION NOW NON-PI LAWYERS)

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 7: SERVICE OF THE CLAIM FORM (1) – TIME (SIT UP AND PAY ATTENTION NOW NON-PI LAWYERS)

August 7, 2019 · by gexall · in Avoiding negligence claims, Members Content, Service of the claim form

The previous post in this series have been primarily of interest to personal injury lawyers.  Matters relating to service of the claim form relate to virtually all litigators. Indeed the majority of disputed cases in relation to service appear to…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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