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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » June » 02
MORE CORONAVIRUS LAW: ORDER TO RESTRAIN WINDING UP PETITION: WHERE THERE'S A BILL THERE IS A WAY

MORE CORONAVIRUS LAW: ORDER TO RESTRAIN WINDING UP PETITION: WHERE THERE’S A BILL THERE IS A WAY

June 2, 2020 · by gexall · in Applications, Coronavirus, Members Content

The judgment of Mr Justice Morgan today in A Company (Injunction To Restrain Presentation of Petition) [2020] EWHC 1406 (Ch) is another example of “coronavirus law”.  The judge made an order restraining the presentation of a winding up petition not…

MISTAKES IN THE PORTAL: "ROUGH JUSTICE" AND ERRORS IN OFFERS: CLAIMANT'S CLAIM STRUCK OUT AS AN ABUSE OF PROCESS

MISTAKES IN THE PORTAL: “ROUGH JUSTICE” AND ERRORS IN OFFERS: CLAIMANT’S CLAIM STRUCK OUT AS AN ABUSE OF PROCESS

June 2, 2020 · by gexall · in Civil Procedure, Members Content, Part 36, Relief from sanctions

I am grateful to barrister Matthew Turner for bringing my attention to his report of the case of Mahoney v Royal Mail (DDJ Doman, Truro CC, 26/05/20) it is another example of mistakes being made in offers. In this case…

COVID REPEATS 40: ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

COVID REPEATS 40: ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

June 2, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

This week we are looking at witness statements and the process of gathering witness evidence. In August 2015 I wrote at length about the judgment of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA…

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

June 2, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Costs, Members Content, Relief from sanctions

As we adjust to the problems of the pandemic some of the more conventional issues of litigation have been dealt with extensively this month.  Costs ACL Trio of High Court judges issue costs penalties to defendants that refused ADR ACL Claimant not…

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  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
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  • COST BITES 459 : A DEFENDANT TO COMMITTAL PROCEEDINGS CAN RECOVER COSTS OVER AND ABOVE CRIMINAL LEGAL AID RATES: COURT OF APPEAL DECISION

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