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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » 03
WHO SACKED WHO? HIGH COURT DECISION AS TO WHETHER THE CLIENT OR THE SOLICITOR ENDED THE RETAINER

WHO SACKED WHO? HIGH COURT DECISION AS TO WHETHER THE CLIENT OR THE SOLICITOR ENDED THE RETAINER

October 3, 2019 · by gexall · in Applications, Civil Procedure, Members Content

In Walsh v Greystone Financial Services Ltd [2019] EWHC 2573 (Ch) Mr Justice Nugee had to decide whether it was the client or the solicitor who ended the retainer. THE CASE At the end of a trial at which the…

COURT OF APPEAL REFUSES APPEAL AGAINST ORDER FOR INDEMNITY COSTS: PARTIES WHO ARE JOINED TO A SPECULATIVE ENTERPRISE IN LITIGATION SHOULD EVALUATE THEIR POSITION WITH CARE

COURT OF APPEAL REFUSES APPEAL AGAINST ORDER FOR INDEMNITY COSTS: PARTIES WHO ARE JOINED TO A SPECULATIVE ENTERPRISE IN LITIGATION SHOULD EVALUATE THEIR POSITION WITH CARE

October 3, 2019 · by gexall · in Appeals, Applications, Costs, Members Content

 In  Ford & Anor v Bennett & Anor [2019] EWCA Civ 1604 the Court of Appeal dismissed an appeal against a trial judge’s decision to award indemnity costs.  The judgment contains a lesson to “additional parties” to litigation. “Parties who…

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

October 3, 2019 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Members Content, Written advocacy

There is a short passage in  Barrowfen Properties Ltd v Hambros Investments Ltd & Anor [2019] EWHC 2548 (Ch) where Chief Insolvency and Companies Court Judge Briggs makes it clear that an application had been given an inadequate time estimate….

LAWYERS GIVING EVIDENCE 4: SOME COURTS MAY TAKE INTO ACCOUNT A CLIENT'S FAILURE TO GIVE FIRST HAND EVIDENCE

LAWYERS GIVING EVIDENCE 4: SOME COURTS MAY TAKE INTO ACCOUNT A CLIENT’S FAILURE TO GIVE FIRST HAND EVIDENCE

October 3, 2019 · by gexall · in Applications, Civil evidence, Members Content, Witness statements

This series looks at the question of when, if ever, it is appropriate for a solicitor to swear an affidavit or make a statement in place of the client? This issue was considered by Stanley Burnton J in Bracken Partners…

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EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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