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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » December » 09
GETTING AWAY FROM THE PROTOCOL: MEANING OF "HARM", "VULNERABLE ADULT" AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000

GETTING AWAY FROM THE PROTOCOL: MEANING OF “HARM”, “VULNERABLE ADULT” AND THE REASONABLE VALUATION OF A CLAIM AT MORE THAN £25,000

December 9, 2019 · by gexall · in Costs, Court fees, Members Content

In Scott v Ministry of Justice [2019] EWHC B13 (Costs) Deputy Master Friston considered whether a case fell outside the fixed costs regime of the Employers Liability Protocol as a result of the identity of an assailant.   It transpired that…

HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME

HIGH COURT ALLOWS RELIEF FROM SANCTIONS APPEAL FAILING A FAILURE TO PAY THE TRIAL FEE ON TIME

December 9, 2019 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Court fees, Members Content, Relief from sanctions

In Badejo v Cranston [2019] EWHC 3343 (Ch) Mr Justice Fancourt overturned the decision of a Circuit Judge and granted relief from sanctions to a claimant who had failed to pay the trial fee in time.   One issue related to…

2O19 AND CIVIL PROCEDURE THE YEAR IN REVIEW (5): WITH A LITTLE HELP FROM MY FRIENDS - CONTRIBUTIONS FROM TWITTER

2O19 AND CIVIL PROCEDURE THE YEAR IN REVIEW (5): WITH A LITTLE HELP FROM MY FRIENDS – CONTRIBUTIONS FROM TWITTER

December 9, 2019 · by gexall · in Avoiding negligence claims, Members Content, Well being

This year has seen a number of posts where contributions have been drawn from Twitter threads, with people accepting invitations to write on particular points.  The advice is usually practical and sometimes profound.  This is an appropriate time to remind…

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Recent Posts

  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…

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WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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