Civil Litigation Brief ®
Menu
  • Home
  • About
  • Membership Plans
  • Webinars
  • Login
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » January » 22
A DECISION THAT WAS "UNJUST BECAUSE OF SERIOUS PROCEDURAL IRREGULARITY AND MULTIPLE ERRORS OF LAW": WHEN DECISIONS ARE NOT BASED ON THE EVIDENCE

A DECISION THAT WAS “UNJUST BECAUSE OF SERIOUS PROCEDURAL IRREGULARITY AND MULTIPLE ERRORS OF LAW”: WHEN DECISIONS ARE NOT BASED ON THE EVIDENCE

January 22, 2020 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content

I have hesitated before writing about the judgment in H v F [2020] EWHC 86 (Fam). The judgment reviews a highly disturbing first instance decision. I know that many family law commentators have already commented on the case and I…

FAILING TO TURN UP TO A TRIAL: DEFENDANT'S APPLICATION REFUSED:  CPR 39.3(3) CONSIDERED

FAILING TO TURN UP TO A TRIAL: DEFENDANT’S APPLICATION REFUSED: CPR 39.3(3) CONSIDERED

January 22, 2020 · by gexall · in Applications, Members Content, Setting aside judgment

This blog has looked several times at the issues relating to CPR 39.3(3), the rule that governs an application when a party fails to attend a trial or hearing.   The rule was considered by Mrs Justice Lambert in  KD v…

ADEQUATE TIME ESTIMATES: WAS THIRTY MINUTES LONG ENOUGH?

ADEQUATE TIME ESTIMATES: WAS THIRTY MINUTES LONG ENOUGH?

January 22, 2020 · by gexall · in Appeals, Applications, Avoiding negligence claims, Members Content

One other aspect of the judgment HHJ Lethem in Ivanoy -v- Lubble (Central London County Court 17th January 2020) relates to time estimates. It highlights the importance of giving appropriate time estimates, reviewing the estimate if the matter becomes complex and the…

CLAIMANT WHO FAILS TO OBTAIN COURT FEE REMISSION - CAN RECOVER THE COURT FEE ON APPEAL: CIRCUIT JUDGE DECISION ON APPEAL

CLAIMANT WHO FAILS TO OBTAIN COURT FEE REMISSION – CAN RECOVER THE COURT FEE ON APPEAL: CIRCUIT JUDGE DECISION ON APPEAL

January 22, 2020 · by gexall · in Appeals, Civil Procedure, Court fees, Members Content

I am grateful to Jon Heath from Levins,solicitors,   for sending me a copy of the decision of HHJ Lethem in Ivanov -v- Lubble (Central London County Court 17th January 2020).  This relates to the issue of whether a claimant, eligible…

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email. Subscription notifies you of a new post, it does not give you access to members' content.

Join 12.4K other subscribers

Recent Posts

  • COST BITES 415: A LOOK AT SOME SUMMARY ASSESSMENTS IN AN ACTION: HOURLY RATES NOT GOING FOR A SONG
  • WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM
  • COST BITES 414 : A WITHDRAWN PART 36 OFFER STILL HAD AN IMPACT ON THE AWARD OF COSTS: CLAIMANTS COULD NOT RECOVER COSTS AFTER DATE OF OFFER
  • CIVIL PROCEDURE, OPAQUE EVIDENCE AND “YOU SHOULD HAVE KNOWN”: ARGUMENTS THAT HAVE BEEN REJECTED BY THE COURTS – TWO EXAMPLES AND THE UNHAPPY CONSEQUENCES FOR THE LITIGANTS…
  • COST BITES 413: GET YOUR FUNDING IN PLACE AND TELL EVERYONE IF THE MUSIC HAS STOPPED: CAT AWARDS COSTS ON THE INDEMNITY BASIS DUE TO CONDUCT

Top Posts

REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
WHY PRINCE HARRY (AND OTHER PROMINENT CLAIMANTS) LOST WHEN THE JUDGE FOUND THAT THEY WERE ALL HONEST WITNESSES - BUT OTHER WITNESSES THEY CALLED PROVED TO BE "HOSTILE"
HALLUCINATED CASE LAW AND THE CROWN PROSECUTION SERVICE (OF ALL BODIES...)
WAS A SOLICITOR'S CAP ON LIABILITY FOR NEGLIGENCE TO £3 MILLION "REASONABLE": COULD IT SURVIVE THE UNFAIR CONTRACT TERMS ACT REQUIREMENTS?
CAN THE COURT REFUSE TO ISSUE A CLAIM FORM? CAN THE STAFF LAWFULLY REFER THE ISSUE TO THE JUDGE? AN UNUSUAL APPLICATION FOR JUDICIAL REVIEW

Archives

Blogroll

  • Fatal Accident Law
  • Legal Futures
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 15th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Buntools (for preparing PDF Bundles)
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • The Law Society Gazette
  • The National Archives Recently Published Judgments
  • The Senior Court Costs Office Guide 2025
  • www.Bailii.org

Copyright

© Gordon Exall, Exall Legal Training, Civil Litigation Brief, 2013-2026. Unauthorised use and or duplication of the material contained on this blog without permission is strictly prohibited.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.

To find out more, including how to control cookies, see here: Cookie Policy
  • Membership Terms and Conditions
  • Privacy Policy
  • Advertising Policy
  • Copyright
  • Legal Disclaimer

Copyright © 2026 Civil Litigation Brief ®

Powered by Big Yellow Workshop

Loading Comments...

You must be logged in to post a comment.