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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 25
ASSESSING WITNESS CREDIBILITY:  A REMINDER OF THE BASIC PRINCIPLES

ASSESSING WITNESS CREDIBILITY: A REMINDER OF THE BASIC PRINCIPLES

May 25, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

Today is  is a good day to look  again at the judgment of Mr Justice Leggatt in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm).  This is case that is now mentioned regularly in cases involving witness recollection and…

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

May 25, 2020 · by gexall · in Applications, Avoiding negligence claims, Extensions of time, Members Content, Service of the claim form

 Service of the claim form remain a major cause of problems.  Here we re-cap (not for the first time) on the basic causes of  many of the problems, with links through to the many posts on this subject. This post…

ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE  -  NOT A GOOD REASON TO DEPART FROM THE BUDGET

ASSESSMENT OF COSTS: UNDER SPEND OF A PHASE – NOT A GOOD REASON TO DEPART FROM THE BUDGET

May 25, 2020 · by gexall · in Assessment of Costs, Costs, Costs budgeting, Members Content

In  Utting v City College Norwich [2020] EWHC B20 (Costs) Master Brown rejected an argument that an “underspend” amounted to a good reason to depart from a budget. I am grateful to Paul Kay from R Costings for drawing this…

COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN'T BOUGH DOWN TO THE RULES...

COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…

May 25, 2020 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

This week, providing there are no major developments that draw us elsewhere, the repeats are going to be about cases relating to experts.  Firstly we go back to 2014 the judgment of Mr Justice Coulson in Stagecoach Great Western Trains -v- Hind…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
COST BITES 466: COURT OF APPEAL UPHOLDS ABILITY TO AWARD INTEREST ON COSTS TO LITIGANTS CONDUCTING LITIGATION ON A CFA

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