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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2020 » April
MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)

MORE ON REMOTE HEARINGS: THE DANGERS OF INJUSTICE: COURT OF APPEAL DECISION (IT MAY BE DIFFICULT TO DO JUSTICE OVER THE TELEPHONE IN THE COURSE OF A OVER-BUSY LIST)

April 30, 2020 · by gexall · in Coronavirus, Remote hearings

In  B (Children)(Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 the Court of Appeal set out some of the dangers of remote hearings and the need to take considerable care when important decisions are being made. It is also…

THE (NOT SO) LONELY LITIGATOR'S CLUB  16: SHAYLLA SHABBIR: THE PUPIL'S VIEW

THE (NOT SO) LONELY LITIGATOR’S CLUB 16: SHAYLLA SHABBIR: THE PUPIL’S VIEW

April 30, 2020 · by gexall · in Coronavirus, Well being

This is the time of year when pupil barristers are starting to be let lose to hone their skills in courts and tribunals up and down the country.  At the moment they are stuck at home.  I asked pupil barrister …

REMOTE HEARINGS: CHILDREN CASES: GUIDANCE FROM THE COURT OF APPEAL

REMOTE HEARINGS: CHILDREN CASES: GUIDANCE FROM THE COURT OF APPEAL

April 30, 2020 · by gexall · in Appeals, Case Management, Coronavirus, Remote hearings

Civil litigators may well be able to gain some assistance from the guidance being given in children cases. The Court of Appeal gave judgment today in Re A (Children) (Remote Hearing: Care and Placement Orders). a-children-judgment-300420 [2020] EWCA Civ 583…

A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE

A DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT: PARTIES SHOULD NOT ATTEMPT TO REOPEN THEIR CASE

April 30, 2020 · by gexall · in Civil Procedure, Conduct

In Michael Wilson & Partners Ltd v Sinclair & Anor (No. 2) [2020] EWHC 1017 (QB) Mr Justice Chamberlain added a postscript to the judgment about attempt to “re-open” draft judgments. “Professional lawyers ought to know that the circulation of…

LITIGATION, CASHFLOW AND COVID 2: INTERIM PAYMENTS ON ACCOUNT OF COSTS

LITIGATION, CASHFLOW AND COVID 2: INTERIM PAYMENTS ON ACCOUNT OF COSTS

April 30, 2020 · by gexall · in Civil Procedure, Costs, Interim Payments

It is often said that cashflow is the lifeblood of business and this is never more so than in the current situation.  Here we are looking at orders for interim payments when a case, or an issue in a case,…

COVID REPEATS 9: A LOT OF WISDOM ABOUT LEGAL PRACTICE FROM A LOT OF PEOPLE

COVID REPEATS 9: A LOT OF WISDOM ABOUT LEGAL PRACTICE FROM A LOT OF PEOPLE

April 30, 2020 · by gexall · in Coronavirus, Well being

This is a repeat of a post that contained a lot of wisdom from a lot of people. Lawyers (including judges) on Twitter sent in dozens of contributions on advice to young lawyers.  All of it is worth repeating (and…

THE (NOT SO) LONELY LITIGATOR'S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER

THE (NOT SO) LONELY LITIGATOR’S CLUB 15: TIM PHIPPS: A SHORT TRIP ACROSS THE HUMBER

April 29, 2020 · by gexall · in Coronavirus, Well being

In our attempt to gain members from a wide geographical area we move away from the major cities and taking a trip over the Humber Bridge.  However, once over the bridge, we are not going very far.  The first turning…

COVID REPEATS 8: "NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT"

COVID REPEATS 8: “NEVER WRITE ANYTHING DOWN THAT YOU WOULDN’T WANT READ OUT IN OPEN COURT”

April 29, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Coronavirus, Disclosure

I am repeating this because it is important. One rule that every lawyer should learn is that if you write, type, email or text anything you live with the risk that it could end up being read out in court….

LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE'S HOW...)

LITIGATION, CASHFLOW & COVID 1: DETAILED ASSESSMENTS CAN STILL GO ON (& HERE’S HOW…)

April 28, 2020 · by gexall · in Coronavirus, Costs, Useful links

In the first in a series of litigation and cashflow during the COVID crisis I am recommending that you read a post by my colleague Kevin Latham – How to Make Remote Detailed Assessments Work. LATHAM’S LAWS Kevin sets out…

THE SOLICITOR'S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT

THE SOLICITOR’S DUTY TO REVIEW THE DOCUMENTS IN LITIGATION: AN INTERESTING POSTSCRIPT

April 28, 2020 · by gexall · in Civil evidence, Civil Procedure, Disclosure

There is an interesting postcript to the judgment of  Jon Turner Q.C. (sitting as a Deputy High Court Judge) in Square Global Ltd v Leonard [2020] EWHC 1008 (QB. “It is fundamental that the client must not make the selection…

COVID REPEATS 7: WHAT THEY DON'T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN

COVID REPEATS 7: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL V: WEAR SUNSCREEN & HAVE A PLAN

April 28, 2020 · by gexall · in Avoiding negligence claims, Well being

Here I am repeating advice given by a former chairman of the Bar in Kuala Lumpur.  Many of the challenges and difficulties that (at some time) you may think are specific to you, are in fact universal issues that lawyers…

COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)

COVID-19 NOT A GOOD REASON TO RESTRAIN PRESENTATION OF WINDING UP PETITIONS (ON THE FACTS OF THIS CASE)

April 27, 2020 · by gexall · in Applications, Coronavirus

In Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) Mr Justice Snowden did not accept that COVID-19 and prospective legislation by the government in relation to insolvency was a good reason to restrain winding up…

PERSONAL INJURY LITIGATORS AND THE CORONAVIRUS (LIVE WEBINAR): 13th MAY 2020

PERSONAL INJURY LITIGATORS AND THE CORONAVIRUS (LIVE WEBINAR): 13th MAY 2020

April 27, 2020 · by gexall · in Civil evidence, Civil Procedure, Coronavirus, Remote hearings

On the 13th May I am giving a webinar looking at the practical implications for personal injury litigators of coronavirus and social isolation.  This looks at the rule changes, relevant legislation, case law and guidance in relation to coronavirus. It…

THE (NOT SO) LONELY LITIGATOR’S CLUB 14 : ANONYMOUS DISTRICT JUDGE (2): EXERCISING A “RIGHT OF REPLY”

April 27, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Well being

Our 14th club member is also anonymous.  A second District Judge provides some insight into the difficulties of continuing to work throughout the problems caused by COVID-19. Where are you working from now?   Home. A market town 60 miles…

The Virtual Workspace: 50 Tips for Effective Video Conferencing: BOOK REVIEW - "BUY" IT QUICKLY...

The Virtual Workspace: 50 Tips for Effective Video Conferencing: BOOK REVIEW – “BUY” IT QUICKLY…

April 27, 2020 · by gexall · in Charity, Civil Procedure, Coronavirus, Remote hearings

Andrew King’s book is a testament to the speed at which it is possible for lawyers to act. Just over a fortnight ago Andrew wrote a thread on Twitter setting out his experience of being involved in a virtual trial,…

THE (NOT SO) LONELY LITIGATOR'S CLUB : CENRIC CLEMENT-EVANS:  ein haelod cyntaf o Gymru

THE (NOT SO) LONELY LITIGATOR’S CLUB : CENRIC CLEMENT-EVANS: ein haelod cyntaf o Gymru

April 27, 2020 · by gexall · in Coronavirus, Well being

I am keen we have as wide a geographical spread of members as possible, so the next member is based in Wales.  Cenric Clement-Evans, solicitor, lecturer and campaigner, based in Cardiff.   Where are you working from now? I was…

COVID REPEATS 6: WHAT THEY DON'T TEACH YOU AT LAW SCHOOL 4: OWNING AND FIXING YOUR MISTAKES

COVID REPEATS 6: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 4: OWNING AND FIXING YOUR MISTAKES

April 27, 2020 · by gexall · in Avoiding negligence claims, Well being

Here we are re-visiting a post based on at an article by Elizabeth Collura in Lawyerist.com – Recognisizing, Owning and Fixing Your Mistakes.  This is short but to the point. Mistakes happen, they are rarely disastrous. It is a failure to address…

THE (NOT SO) LONELY LITIGATOR'S CLUB 12: ANONYMOUS DISTRICT JUDGE (1)

THE (NOT SO) LONELY LITIGATOR’S CLUB 12: ANONYMOUS DISTRICT JUDGE (1)

April 26, 2020 · by gexall · in Access to justice, Case Management, Civil Procedure, Coronavirus, Well being

I haven’t quite worked out the logistics of our club having anonymous members (I will have to check the constitution carefully).  However there are advantages to anonymity, a District Judge (in fact more than one) have agreed to join and…

CONCENTRATION, CORONAVIRUS AND WORK: SOME SITES THAT MAY HELP

CONCENTRATION, CORONAVIRUS AND WORK: SOME SITES THAT MAY HELP

April 26, 2020 · by gexall · in Coronavirus, Useful links, Well being

One of the difficulties caused by coronavirus is a problem in concentration and focusing. Even people who habitually work from home have increased problems in settling down.  Here is a list of links that may help.  The advice given may…

COVID REPEATS 5: WHAT THEY DON'T TEACH YOU AT LAW SCHOOL 3: SURVIVE AND THRIVE

COVID REPEATS 5: WHAT THEY DON’T TEACH YOU AT LAW SCHOOL 3: SURVIVE AND THRIVE

April 26, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Well being

Here I am repeating really good, well thought out guidance from the Young Lawyers Group of the Law Society of South Wales.  Quite honestly this is the type of guidance that every lawyer starting their career should be given.  There…

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