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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » August » 14
AN "EMBARRASSING" EXPERT WHO USED AN EXPLETIVE WHILST GIVING EVIDENCE: GUESS WHERE THIS CASE IS GOING?

AN “EMBARRASSING” EXPERT WHO USED AN EXPLETIVE WHILST GIVING EVIDENCE: GUESS WHERE THIS CASE IS GOING?

August 14, 2019 · by gexall · in Civil evidence, Clinical Negligence, Expert evidence, Experts, Members Content

The judgment of Mr Justice Martin Spencer in Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB) is interesting on the subject of causation and medical negligence.  However the claimant’s problems came largely  from reliance on an…

CIVIL PROCEDURE BACK TO BASICS 58: HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

CIVIL PROCEDURE BACK TO BASICS 58: HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES

August 14, 2019 · by gexall · in Civil Procedure, Extensions of time, Members Content

The previous post on the errors made in relation to calculation of time highlight the need for practitioners to be aware of the precise rules in relation to calculation of time. In this respect this may be the easiest post…

WHY IT IS IMPORTANT LITIGATORS KNOW HOW TO COMPUTE TIME PROPERLY:  7 DAYS MEANS 7 DAYS: APPLICATION TWO DAYS LATE: CLAIMANT COMES TO GRIEF

WHY IT IS IMPORTANT LITIGATORS KNOW HOW TO COMPUTE TIME PROPERLY: 7 DAYS MEANS 7 DAYS: APPLICATION TWO DAYS LATE: CLAIMANT COMES TO GRIEF

August 14, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Costs, Extensions of time, Members Content

In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned a decision granting relief from sanctions. A major issue arose out of confusion by the claimant’s solicitors over the calculation of the time period. This…

"YOURS IS BIGGER THAN MINE": COMPARISON OF COSTS NOT ALWAYS APPROPRIATE

“YOURS IS BIGGER THAN MINE”: COMPARISON OF COSTS NOT ALWAYS APPROPRIATE

August 14, 2019 · by gexall · in Assessment of Costs, Costs, Members Content, Proportionality

In Monex Europe Ltd v Pothecary & Anor [2019] EWHC 2204 (QB) Clive Sheldon QC (sitting as a Deputy High Court Judge) did not accept an argument that the  fact that defendants’ costs were much higher than the claimant’s figures…

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Recent Posts

  • 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)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • 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
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

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)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
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"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
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

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