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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 07
CORONAVIRUS CATCH UP 2: COSTS AND BUDGETING

CORONAVIRUS CATCH UP 2: COSTS AND BUDGETING

May 7, 2020 · by gexall · in Costs, Costs budgeting, Members Content

Here there are short snippets of cases relating to costs decision in the past month or so which may have been displaced by the commentary on COVID-19.   Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB)  An…

LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES

LAW CENTRES AND LEGAL NEED DURING LOCKDOWN: GUEST POST FROM SUE JAMES

May 7, 2020 · by gexall · in Access to justice, Civil Procedure, Coronavirus, Members Content

Sue James was an early member of the (not so) Lonely Litigator’s Club.  Following comments made about law centres yesterday I  invited Sue to write a guest post on the role of  law centres, generally and during the pandemic.  Sue…

THE (NOT SO) LONELY LITIGATOR'S CLUB 18: CORI McKEOWN: THE TRAINEE SOLICITOR'S TALE

THE (NOT SO) LONELY LITIGATOR’S CLUB 18: CORI McKEOWN: THE TRAINEE SOLICITOR’S TALE

May 7, 2020 · by gexall · in Coronavirus, Members Content, Well being

Our club clearly needs a wide range of members.  We have had a pupil barrister join and now we have a trainee solicitor.  I wanted some insight into the problems of just starting off in your career and then having…

COVID REPEATS 14: REVIEW OF "MAY IT PLEASE YOU MADAM": "THE FIFTH DEFENDANT IS A CAT..."

COVID REPEATS 14: REVIEW OF “MAY IT PLEASE YOU MADAM”: “THE FIFTH DEFENDANT IS A CAT…”

May 7, 2020 · by gexall · in Advocacy, Coronavirus, Members Content

We are looking  again at “May it please you Madam” by retired District Judge Neil Hickman.  This is not designed as a guide for advocates, indeed the subtitle is “A little book of legal whimsy”.  This does do do the book…

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  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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