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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…

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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
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
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