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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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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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