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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 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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