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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » 30
THE COURT WOULD NOT EXTEND THE EMBARGO ON A DRAFT JUDGMENT TO ALLOW CLAIMANT TO SEEK TO RECOVER SUMS FROM A THIRD PARTY

THE COURT WOULD NOT EXTEND THE EMBARGO ON A DRAFT JUDGMENT TO ALLOW CLAIMANT TO SEEK TO RECOVER SUMS FROM A THIRD PARTY

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

The interesting thing about writing a blog on civil procedure is that – despite the apparent narrowness of the subject –  new issues come up all the time.  You can never say you have “seen it all”.  I was reading…

INSURER NOT LIABLE TO PAY CLAIMANTS' COSTS: TRAVELERS INSURANCE DECISION OVERTURNED BY THE SUPREME COURT

INSURER NOT LIABLE TO PAY CLAIMANTS’ COSTS: TRAVELERS INSURANCE DECISION OVERTURNED BY THE SUPREME COURT

October 30, 2019 · by gexall · in Appeals, Conduct, Costs, Members Content

In the judgment today in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 the Supreme Court held that the insurer was not liable to pay the costs of those claimants who had proceeded (unknowingly) against uninsured defendants.  This is…

PARTIES SHOULD OBTAIN PERMISSION OF THE COURT, AND DIRECTIONS, BEFORE INSTRUCTING EXPERTS

PARTIES SHOULD OBTAIN PERMISSION OF THE COURT, AND DIRECTIONS, BEFORE INSTRUCTING EXPERTS

October 30, 2019 · by gexall · in Applications, Expert evidence, Experts, Members Content

In Gulf International Bank BSC v Aldwood [2019] EWHC 1666 (QB) John Kimbell QC (sitting as a High Court judge) made some observations about using expert evidence on foreign law without the court’s permission.   THE CASE The judge was…

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Recent Posts

  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
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  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…
  • INTEREST ON DAMAGES: (1) GENERALLY; (2) AFTER THE DEFENDANT FAILS TO BEAT A PART 36 OFFER: THERE IS NO NEED TO FIND DISHONESTY OR SERIOUS CONDUCT TO AWARD ENHANCED INTEREST
  • WITNESS EVIDENCE WEDNESDAY: RED FLAGS AND WITNESS STATEMENTS (1): THE WITNESS THAT GIVES THE COURT THEIR OPINION

Top Posts

COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
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
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...
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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