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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » September » 30
LATE SERVICE OF WITNESS SUMMARIES: HERE'S AN INGENIOUS ARGUMENT - THAT DIDN'T WORK: PERMISSION TO ADDUCE ADDITIONAL EVIDENCE FROM PARTIES OWN WITNESS ALSO REFUSED

LATE SERVICE OF WITNESS SUMMARIES: HERE’S AN INGENIOUS ARGUMENT – THAT DIDN’T WORK: PERMISSION TO ADDUCE ADDITIONAL EVIDENCE FROM PARTIES OWN WITNESS ALSO REFUSED

September 30, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

In Smith & Anor v Crawshay [2019] EWHC 2507 (Ch)  HHJ Paul Matthews considered an argument that the defendant was allowed to rely on a witness summary.  He also refused permission to adduce further evidence in evidence-in-chief from a witness…

SERVICE OF THE CLAIM FORM ISSUES, ANONYMITY, EXPEDITED TRIALS AND ... SPEARMINT RHINO

SERVICE OF THE CLAIM FORM ISSUES, ANONYMITY, EXPEDITED TRIALS AND … SPEARMINT RHINO

September 30, 2019 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

I have been meaning to write more about anonymity and civil litigation, in particular  orders made under CPR 16.  This issue arose today in a surprising context in AAA -v- Rakoff [2019] EWHC 2525 (QB).   The case raises issues in…

CPR 3.1 USED, PROPERLY AND EFFICIENTLY, TO KEEP DOWN THE WAITING (AND ANGUISH)

CPR 3.1 USED, PROPERLY AND EFFICIENTLY, TO KEEP DOWN THE WAITING (AND ANGUISH)

September 30, 2019 · by gexall · in Case Management, Civil Procedure, Members Content

In  Irish & Anor, Re [2019] EWHC 2508 (Ch) HHJ Matthews (sitting as a High Court Judge) used CPR 3.1 to cut down greatly the time (expense and anguish) in relation to a difficult and sensitive application. “it seemed to…

COURT OF APPEAL TO CONSIDER IMPACT OF TRANSFERRING CASE FROM LEGAL AID TO CFA:

COURT OF APPEAL TO CONSIDER IMPACT OF TRANSFERRING CASE FROM LEGAL AID TO CFA:

September 30, 2019 · by gexall · in Access to justice, Appeals, Applications, Costs, Members Content

I am grateful to Tom Jenkinson from Bolt Burdon Kemp for letting me know that the Court of Appeal has granted permission to appeal in the case of  XDE v North Middlesex University Hospital Trust [2019] EWHC 1482 (QB) XDE…

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