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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

  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
  • SERVICE POINTS 51: HIGH COURT REFUSES TO SET ASIDE AN ORDER ALLOWING SERVICE BY EMAIL ON THE DEFENDANT’S SOLICITORS

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

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