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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 27
ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT

ACCEPTING AN OFFER DURING A HEARING: CONTRACTUAL PRINCIPLES, NOT PART 36, APPLY: OFFER DID NOT LAPSE AT THE DOOR OF THE COURT

May 27, 2020 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Members Content, Part 36

Offers of settlement can, and often are, made outside the ambit of Part 36.  In MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) Mr Justice Morris considered issues relating to late acceptance of offers.  The case shows…

HAMMERSMITH & FULHAM LAW CENTRE: 10,000 STEPS FOR JUSTICE: LONDON LEGAL SUPPORT TRUST

HAMMERSMITH & FULHAM LAW CENTRE: 10,000 STEPS FOR JUSTICE: LONDON LEGAL SUPPORT TRUST

May 27, 2020 · by gexall · in Charity, Members Content

Hammersmith & Fulham Law Centre are raising money for the London Legal Support Trust by doing 10,000 steps for justice on the 8th June. THE VIDEO To raise support the law centre has produced a video of their staff and…

EVALUATING EVIDENCE ON APPEAL: THE APPELLATE COURT WILL NOT READILY DISPLACE THE FINDINGS OF THE TRIAL JUDGE

EVALUATING EVIDENCE ON APPEAL: THE APPELLATE COURT WILL NOT READILY DISPLACE THE FINDINGS OF THE TRIAL JUDGE

May 27, 2020 · by gexall · in Appeals, Civil evidence, Members Content, Witness statements

I am grateful to  Christopher Kardahji from Irwin Mitchell solicitors  for sending me a copy of the judgment of Mr Justice Freedman in Lenord -v- First Manchester Limited [2020] EWHC 982 (QB).  The judgment contains a detailed analysis of the…

AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING

AUTOMATIC STAY OF POSSESSION HEARINGS APPLIES TO APPEALS: COURT OF APPEAL DECISION THIS MORNING

May 27, 2020 · by gexall · in Appeals, Civil Procedure, Coronavirus, Members Content

In London Borough of Hackney -v- Okoro [2020] EWCA Civ 681 the Court of Appeal found that the automatic stay on possession proceedings also applies to appeals against possession orders.     THE CASE The Court of Appeal were asked…

DAMAGES IN ANTICIPATION OF DEATH:  WEBINAR 8th JUNE 2020

DAMAGES IN ANTICIPATION OF DEATH: WEBINAR 8th JUNE 2020

May 27, 2020 · by gexall · in Damages, Fatal Accidents, Members Content

On the 8th June I am giving a webinar on the  important issues of  damages in anticipation of death.  This looks at damages for reduced life expectancy and the practical steps lawyers can take in these difficult and tragic cases. …

COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF

COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF

May 27, 2020 · by gexall · in Credibility of experts, Expert evidence, Experts, Members Content

Today we are looking back at the case of Hirtenstein -v- Hill Dickinson LLP [2014]  EWHC 2711 (Comm)  contains many interesting lessons for those involved in professional negligence litigation in particular.   Here I just want to concentrate upon two:…

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  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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