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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 20
ALDRED -V- CHAM: PERMISSION TO APPEAL REFUSED BY THE SUPREME COURT

ALDRED -V- CHAM: PERMISSION TO APPEAL REFUSED BY THE SUPREME COURT

May 20, 2020 · by gexall · in Appeals, Costs, Fixed Costs, Members Content

In November last year I reported on the case of  Aldred -v- Cham [2019] EWCA Civ 1780, in relation to the recoverability of counsel’s fees in child approval cases. I am grateful to Matthew Hoe from Taylor Rose who informs me…

THE (NOT SO) LONELY LITIGATOR'S CLUB 24: ROBERT MALES: THE MANAGING PARTNER'S TALE

THE (NOT SO) LONELY LITIGATOR’S CLUB 24: ROBERT MALES: THE MANAGING PARTNER’S TALE

May 20, 2020 · by gexall · in Coronavirus, Members Content, Well being

The latest member of our club is Robert Males. As you may be able to guess from the photo Robert is managing partner of Underwoods Solicitors of Hemel Hempstead Hertfordshire and Cape Town, South Africa.   Where are you working…

CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE

CLAIM STRUCK OUT FOR INADEQUATE PLEADING: ENOUGH TO MAKE YOU HIT THE BOTTLE

May 20, 2020 · by gexall · in Civil Procedure, Members Content, Statements of Case, Striking out

I don’t normally write about the cases relating to defamation and pleading, this is a very niche area and there is usually little of general interest. However the judgment of Mr Justice Nicol in  BrewDog Plc & Anor v Frank…

GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY

GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY

May 20, 2020 · by gexall · in Bundles, Case Management, Coronavirus, Members Content

Mr Justice Mann has issued the following guidance on PDF bundles today. It provides practical guidance as to the matters that should be included in bundles, including the need for optical recognition, the need for the documents to be in…

COVID REPEATS 27: AVOIDING A SERIOUS TRAP: WHEN (AND WHEN NOT TO) SERVE THE CLAIM FORM ON A SOLICITOR: (YOU REALLY HAVE TO KNOW THIS)

COVID REPEATS 27: AVOIDING A SERIOUS TRAP: WHEN (AND WHEN NOT TO) SERVE THE CLAIM FORM ON A SOLICITOR: (YOU REALLY HAVE TO KNOW THIS)

May 20, 2020 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form

The post yesterday on service of the claim form has caused a slight change of plan for this series.  Today we are going to look again at the rules relating to service of the claim form on a solicitor.  We have…

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Recent Posts

  • 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…

Top Posts

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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