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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » 17
THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

October 17, 2019 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Costs, Costs budgeting, Experts, Limitation, Members Content, QOCS, Relief from sanctions, Serving documents, Statements of Case, Statements of Truth, Witness statements

  The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements.  The titles are often prompted by elements…

CIVIL COMMITTAL PROCEEDINGS (YET AGAIN...): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED

CIVIL COMMITTAL PROCEEDINGS (YET AGAIN…): COMMITTAL ORDER SET ASIDE BECAUSE DEFENDANT WAS NOT LEGALLY REPRESENTED

October 17, 2019 · by gexall · in Access to justice, Appeals, Committal proceedings, Members Content

Yet another example of the difficulties arising in civil committal proceedings arises in the Court of Appeal decision today in  O (Committal: Legal Representation) [2019] EWCA Civ 1721.  Legal representation, if requested, is essential if committal proceedings are to be valid….

GILHAM -v- MINISTRY OF JUSTICE: A REMINDER OF THE ORIGINAL COMPLAINTS: "MISCARRIAGES OF JUSTICE WERE LIKELY"

GILHAM -v- MINISTRY OF JUSTICE: A REMINDER OF THE ORIGINAL COMPLAINTS: “MISCARRIAGES OF JUSTICE WERE LIKELY”

October 17, 2019 · by gexall · in Access to justice, Appeals, Civil Procedure, Members Content

The Supreme Court judgment yesterday in Gilham v Ministry of Justice [2019] UKSC 44 provides a landmark ruling on the issue that judges are “workers” and entitled to the protection of the Employment Rights Act 1996. There will be many…

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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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