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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » February » 06
INDEMNITY COSTS ON THE GROUNDS OF CONDUCT: FAILURE TO BEAT A DEFENDANT'S PART 36 OFFER: A GARDEN THAT GETS MORE AND MORE EXPENSIVE...

INDEMNITY COSTS ON THE GROUNDS OF CONDUCT: FAILURE TO BEAT A DEFENDANT’S PART 36 OFFER: A GARDEN THAT GETS MORE AND MORE EXPENSIVE…

February 6, 2020 · by gexall · in Appeals, Conduct, Costs, Costs budgeting, Members Content, Part 36

The Court of Appeal decision in Lejonvarn v Burgess & Anor [2020] EWCA Civ 114 is the second time this case, about a garden, has been on appeal.   On this occasion the Court of Appeal held that the claimants’ conduct…

LUTON COUNTY COURT IS MOVING: BEAR THAT IN MIND OVER THE NEXT FEW WEEKS (AND AFTER THAT...)

LUTON COUNTY COURT IS MOVING: BEAR THAT IN MIND OVER THE NEXT FEW WEEKS (AND AFTER THAT…)

February 6, 2020 · by gexall · in Civil Procedure, Members Content

It is difficult to describe the feeling when you turn up at a court that you have been going through for many years and it isn’t there.  It happened to me years ago when York County Court moved from one…

"GOOD DAYS AND BAD DAYS": FINDINGS OF FUNDAMENTAL DISHONESTY AT TRIAL - AN EXAMPLE

“GOOD DAYS AND BAD DAYS”: FINDINGS OF FUNDAMENTAL DISHONESTY AT TRIAL – AN EXAMPLE

February 6, 2020 · by gexall · in Civil evidence, Fundamental Dishonesty, Members Content

Last month I reviewed the judgment  of Mr Justice Birss in  Grant -v- Newport City Council [2018] EWHC 3813. In that case the judge allowed the defendant to adduce surveillance evidence, even though it was adduced late.  I am grateful to Mark…

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Recent Posts

  • COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED
  • ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …
  • DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
  • THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
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Top Posts

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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
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