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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

  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)
  • PRACTICE DIRECTION CHANGES INTRODUCED YESTERDAY: NEW PROVISIONS IN THE DAMAGES CLAIM PORTAL: “OTHER REMEDY” CLAIMS CAN NOW BE MADE
  • PERSONAL INJURY POINTS 15: THE STUDENTS LOAN COMPANY MAY BE AN “EMANATION OF THE STATE”: SOME INTERESTING ISSUES HERE: THESE ARE ISSUES OF LAW – NOT ONE ON WHICH A WITNESS CAN EXPRESS AN OPINION OR VIEW…
  • PERSONAL INJURY POINTS 14: CLAIMANT FAILS IN SLIPPING CASE: THERE WAS A “HYPOTHETICAL” RISK OF SLIPPING WHICH THE DEFENDANT DID NOT NEED TO DEAL WITH
  • PERSONAL INJURY POINTS 13: WHERE THERE IS BLAME THERE IS NOT ALWAYS A CLAIM: THE DEFENDANT BREACHED THEIR DUTY BUT THE CLAIMANT’S ACTION FAILED

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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