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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » Page 2
COURT OF APPEAL REFUSES APPEAL AGAINST ORDER FOR INDEMNITY COSTS: PARTIES WHO ARE JOINED TO A SPECULATIVE ENTERPRISE IN LITIGATION SHOULD EVALUATE THEIR POSITION WITH CARE

COURT OF APPEAL REFUSES APPEAL AGAINST ORDER FOR INDEMNITY COSTS: PARTIES WHO ARE JOINED TO A SPECULATIVE ENTERPRISE IN LITIGATION SHOULD EVALUATE THEIR POSITION WITH CARE

October 3, 2019 · by gexall · in Appeals, Applications, Costs, Members Content

 In  Ford & Anor v Bennett & Anor [2019] EWCA Civ 1604 the Court of Appeal dismissed an appeal against a trial judge’s decision to award indemnity costs.  The judgment contains a lesson to “additional parties” to litigation. “Parties who…

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

REALISTIC TIME ESTIMATES: THE IMPORTANCE OF GETTING THIS RIGHT

October 3, 2019 · by gexall · in Applications, Case Management, Civil evidence, Civil Procedure, Members Content, Written advocacy

There is a short passage in  Barrowfen Properties Ltd v Hambros Investments Ltd & Anor [2019] EWHC 2548 (Ch) where Chief Insolvency and Companies Court Judge Briggs makes it clear that an application had been given an inadequate time estimate….

LAWYERS GIVING EVIDENCE 4: SOME COURTS MAY TAKE INTO ACCOUNT A CLIENT'S FAILURE TO GIVE FIRST HAND EVIDENCE

LAWYERS GIVING EVIDENCE 4: SOME COURTS MAY TAKE INTO ACCOUNT A CLIENT’S FAILURE TO GIVE FIRST HAND EVIDENCE

October 3, 2019 · by gexall · in Applications, Civil evidence, Members Content, Witness statements

This series looks at the question of when, if ever, it is appropriate for a solicitor to swear an affidavit or make a statement in place of the client? This issue was considered by Stanley Burnton J in Bracken Partners…

SOLICITORS WHO ARE REPRESENTED AT COURT TO PROTECT LEGAL PROFESSIONAL PRIVILEGE ISSUES ARE ENTITLED TO THEIR COSTS

SOLICITORS WHO ARE REPRESENTED AT COURT TO PROTECT LEGAL PROFESSIONAL PRIVILEGE ISSUES ARE ENTITLED TO THEIR COSTS

October 2, 2019 · by gexall · in Appeals, Costs, Members Content

One other aspect of the decision in  Addlesee & Ors v Dentons Europe LLP [2019] EWCA Civ 1600  that is worth looking at is the appeal in relation to costs. The Court of Appeal rejected the appellants argument that the…

LEGAL PROFESSIONAL PRIVILEGE PERSISTS AFTER DISSOLUTION OF A COMPANY: COURT OF APPEAL DECISION TODAY

LEGAL PROFESSIONAL PRIVILEGE PERSISTS AFTER DISSOLUTION OF A COMPANY: COURT OF APPEAL DECISION TODAY

October 2, 2019 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

In Addlesee & Ors v Dentons Europe LLP [2019] EWCA Civ 1600 the Court of Appeal held that legal professional privilege survives the dissolution of a limited company.   THE CASE The claimants wanted to bring an action against a…

PROVING THINGS 163: PROVING MITIGATION OF LOSS: A CLAIMANT NEED NOT TAKE THE RISK OF STARTING UNCERTAIN LITIGATION AGAINST A THIRD PARTY

PROVING THINGS 163: PROVING MITIGATION OF LOSS: A CLAIMANT NEED NOT TAKE THE RISK OF STARTING UNCERTAIN LITIGATION AGAINST A THIRD PARTY

October 2, 2019 · by gexall · in Civil evidence, Damages, Members Content

The need for a defendant to prove a failure to mitigate is something that has been covered before on this blog. In Natixis SA v Marex Financial & Ors [2019] EWHC 2549 (Comm) Mr Justice Bryan considered the legal principles. …

ELECTRONIC WORKING IN THE SENIOR COURTS COSTS OFFICE: USEFUL LINKS

ELECTRONIC WORKING IN THE SENIOR COURTS COSTS OFFICE: USEFUL LINKS

October 2, 2019 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Rule Changes

The Electronic Working Pilot Scheme in the Senior Courts Costs Office  comes into force on the 7th October. There are some useful links on the working of the sceme. USEFUL LINKS A summary on the Courts and Tribunal Judiciary website …

CIVIL PROCEDURE BACK TO BASICS 65: THAT NIGHTMARE SCENARIO WHERE THE COURT HAS ISSUED THE CLAIM FORM BUT YOU CAN'T SERVE IT

CIVIL PROCEDURE BACK TO BASICS 65: THAT NIGHTMARE SCENARIO WHERE THE COURT HAS ISSUED THE CLAIM FORM BUT YOU CAN’T SERVE IT

October 2, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form

Here I want to isolate one aspect of the judgment in AAA -v- Rakoff [2019] EWHC 2525 (QB) that was easy to miss amidst all the features of that case.  The fact that the court can issue proceedings and hold onto…

LATE SERVICE OF A REPLY: RELIEF FROM SANCTIONS WOULD HAVE BEEN GRANTED - IF IT HAD MATTERED

LATE SERVICE OF A REPLY: RELIEF FROM SANCTIONS WOULD HAVE BEEN GRANTED – IF IT HAD MATTERED

October 1, 2019 · by gexall · in Applications, Members Content, Statements of Case

In Sports Mantra India Private Ltd & Anor v Force India Formula One Team Ltd [2019] EWHC 2514 (Ch) Deputy High Court Judge Lance Ashworth QC considered the question of whether relief from sanctions should be granted when a Reply…

OPENING LINES OF JUDGMENTS:  A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

OPENING LINES OF JUDGMENTS: A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

October 1, 2019 · by gexall · in Bundles, Case Management, Members Content

This year has been fairly sparse in relation to notable opening lines to judgments. It is indeed difficult to match up to Martinez (t/a Prick) & Anor v Prick Me Baby One More Time Ltd (t/a Prick) & Anor [2018] EWHC…

QUICK REMINDER OF NEW COSTS BUDGETING RULES COMING INTO FORCE TODAY: INCURRED COSTS INCLUDE THE COSTS OF THE CCMC

QUICK REMINDER OF NEW COSTS BUDGETING RULES COMING INTO FORCE TODAY: INCURRED COSTS INCLUDE THE COSTS OF THE CCMC

October 1, 2019 · by gexall · in Case Management, Costs, Costs budgeting, Members Content, Rule Changes

Part of the 109th update to the Civil Procedure Rules came into force today.  A quick reminder that, from today, there is a change in the way that the courts approach the costs of the CCMC itself.   INCURRED COSTS…

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