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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » 25
APPEAL ALLOWED WHEN THE TRIAL JUDGE OVERSTEPPED THE LINE

APPEAL ALLOWED WHEN THE TRIAL JUDGE OVERSTEPPED THE LINE

October 25, 2019 · by gexall · in Access to justice, Advocacy, Appeals, Civil evidence, Members Content

In C (A Child) (Judicial Conduct) [2019] EWFC B53 HHJ Rogers allowed an appeal in a family case.  The unusual aspect of the appeal was that the main issue was the conduct of the trial judge and the appeal on…

HEATED LANGUAGE AND CAREFULLY CRAFTED WITNESS STATEMENTS: "METAPHORS OF WAR" RARELY (IF EVER) HELP IN LITIGATION

HEATED LANGUAGE AND CAREFULLY CRAFTED WITNESS STATEMENTS: “METAPHORS OF WAR” RARELY (IF EVER) HELP IN LITIGATION

October 25, 2019 · by gexall · in Civil evidence, Members Content, Witness statements

In Alesco Risk Management Services Ltd & Ors v Bishopsgate Insurance Brokers Ltd & Ors [2019] EWHC 2839 (QB) Mr Justice Freedman considered the language used in witness statements.  The heat generated by intemperate language rarely helped the litigants involved….

TRAWLING THROUGH THE CPR: FIXED COSTS CONSIDERED BY THE COURT OF APPEAL: COUNSEL'S FEES INCLUDED IN REGIME: CONSTRUING THE CPR AS A WHOLE

TRAWLING THROUGH THE CPR: FIXED COSTS CONSIDERED BY THE COURT OF APPEAL: COUNSEL’S FEES INCLUDED IN REGIME: CONSTRUING THE CPR AS A WHOLE

October 25, 2019 · by gexall · in Appeals, Civil Procedure, Costs, Fixed Costs, Members Content

I am grateful to barrister Sarah Robson for sending me a copy of the judgment of the Court of Appeal today in  Aldred -v- Cham [2019] EWCA Civ 1780.   It is one of those occasions where the Court of Appeal…

DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY

DEFECTIVE PART 36 OFFER MEANT CLAIMANT DID NOT OBTAIN PART 36 BENEFITS: WHY CLAIMANTS SHOULD DRAFT THEIR PART 36 OFFERS CAREFULLY

October 25, 2019 · by gexall · in Applications, Assessment of Costs, Civil Procedure, Members Content, Part 36

I am grateful to Simon Fisher from DWF costs for sending me a copy of the decision of District Judge Osborne in Flanagan -v- Royal & Sun Alliance Insurance PLC (16th May 2019). A copy of that case is available…

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