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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 14
WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: "THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME"

WHEN A DEFENDANT FILED A COSTS BUDGET LATE: RELIEF FROM SANCTIONS REFUSED: “THE DEFAULTING PARTY HAS ONLY ITSELF OR ITS LEGAL REPRESENTATIVE TO BLAME”

May 14, 2020 · by gexall · in Applications, Avoiding negligence claims, Members Content, Relief from sanctions, Statements of Truth, Witness statements

The judgment of HHJ Simon Barker QC in Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) is another example of a party coming to grief because of the failure to file a costs budget timeously.  That…

PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE "FISHING EXPEDITION" ANALOGY MAY NOT BE A GOOD ONE

PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE “FISHING EXPEDITION” ANALOGY MAY NOT BE A GOOD ONE

May 14, 2020 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content

It is relatively rare for  there to be a High Court judgment on the issue of pre-action disclosure.   In Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC) Mr Justice Fraser had some interesting observations on the…

COVID REPEATS 21: OPENING LINES OF JUDGMENTS (WITH SOME NEW ONES THROWN IN): BJORN AGAIN

COVID REPEATS 21: OPENING LINES OF JUDGMENTS (WITH SOME NEW ONES THROWN IN): BJORN AGAIN

May 14, 2020 · by gexall · in Civil Procedure, Coronavirus, Members Content

Today we are looking at opening lines of judgment.  We also have a new opening line from earlier this year.   ABBA: (ALTHOUGH THE WINNER DIDN’T TAKE IT ALL…) In April this year in a judgment about an inheritance dispute…

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Recent Posts

  • TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY
  • COST BITES 448: THE FINANCIAL CONDUCT AUTHORITY HAS TO PAY THE FULL COSTS OF LOSING AN ACTION: ARGUMENTS ABOUT “CHILLING EFFECT” WERE NOT ESTABLISHED AND NOT EVIDENCED IN ANY EVENT
  • COST BITES 447 : SHOULD A DEFENDANT’S DERAILMENT OF AN EARLY NEUTRAL EVALUATION LEAD TO INDEMNITY COSTS ORDERS BEING MADE AGAINST IT?
  • LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (2): HOW TO SPOT “FALSE” AUTHORITIES AND WHAT TO DO ABOUT IT (PLUS SOME USEFUL LINKS)
  • BACK TO BASICS MONDAY: LAWYERS AND ARTIFICIAL INTELLIGENCE (1): THREE IMPORTANT PRINCIPLES: YOU OWN THE WORK; AI IS NOT AN AUTHORITATIVE SOURCE OF LAW; IT IS NOT ENOUGH THAT THE CASE EXISTS…

Top Posts

EXPERT WATCH 70: EXPERTS' FAILURES TO REPORT ON THE RANGE OF OPINIONS LEADS TO THEIR VIEWS BEING REJECTED: ESSENTIAL READING FOR EVERY PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYER, ANYONE WHO INSTRUCTS AN EXPERT (AND ANY EXPERT...)
TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY
SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?
DEALING WITH FISH FILES, PROCRASTINATION AND DELAY: THE LITIGATOR'S FRIEND: A REMINDER OF USEFUL LINKS, POSTS AND GUIDANCE AND SOME USEFUL CHECKLISTS
SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT

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