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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » June » 10
TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE

TRANSPARENCY PROJECT: REMOTE COURT HEARINGS GUIDANCE NOTE

June 10, 2020 · by gexall · in Civil evidence, Civil Procedure, Coronavirus, Members Content, Remote hearings

The Transparency Project have produced a Remote Court Hearings Guidance Note.  This is aimed at litigants themselves. Although it is quite specifically aimed at the Family Courts many litigants (and some lawyers) may find this of some assistance.   THE…

CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE

CIVIL PROCEDURE BACK TO BASICS 78: NO DUTY ON AN INJURED CLAIMANT TO USE THE NATIONAL HEALTH SERVICE

June 10, 2020 · by gexall · in Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury

This post is due to a tweet someone copied me in on this morning.  The issue was, ostensibly, one of general damages in a personal injury case.  An insurer was refusing to pay the costs of private treatment  – stating…

CORONAVIRUS LAW IN THE COURT OF APPEAL: A HYBRID HEARING WILL NOT BE UNFAIR IF LEADING COUNSEL CANNOT ATTEND IN PERSON

CORONAVIRUS LAW IN THE COURT OF APPEAL: A HYBRID HEARING WILL NOT BE UNFAIR IF LEADING COUNSEL CANNOT ATTEND IN PERSON

June 10, 2020 · by gexall · in Appeals, Coronavirus, Members Content

In the judgment today in C (Children : Covid-19: Representation) [2020] EWCA Civ 734 the Court of Appeal dismissed an argument that a “hybrid” hearing, to be heard with one side’s leading counsel attending remotely, was unfair.   THE CASE…

PROCEEDINGS BEFORE QUEEN'S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU'RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS...)

PROCEEDINGS BEFORE QUEEN’S BENCH MASTERS FROM 15th JUNE 2020: (EVEN THOUGH YOU’RE NOT GOING TO EQUITY YOU WILL HAVE CLEAN HANDS…)

June 10, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Members Content

A further bulletin has been issued which sets out the procedure for hearings before Queen’s Bench Masters from the 15th June.  The default position is that hearings will be heard remotely. If an “in person” hearing is needed then it…

COVID REPEATS 48: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

COVID REPEATS 48: REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

June 10, 2020 · by gexall · in Civil Procedure, Default judgment,, Members Content, Statements of Case

Today we are taking a look back at what turned out to be the second most read post on this blog in 2016. The basic rules about when to file a Reply and, more importantly, a defence to counterclaim. A…

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Recent Posts

  • EXPERT WATCH 69: “THE APPROACH OF BOTH EXPERTS IS WRONG” : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION… THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..
  • BOOK REVIEW: “A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES”: MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET…
  • THROWBACK FRIDAY: “THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?” (AUGUST 2014)
  • INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 89: AN APPELLANT CANNOT PURSUE AN UNPLEADED “NEW, NEW CASE”: APPEAL IN CASE AGAINST SOLICITORS WAS “WASTEFUL OF TIME AND RESOURCES”

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EXPERT WATCH 68: THE MISUSE OF AI: "CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT": SHOW HOW MY CLIENT "IS 0% AT FAULT": THIS WITNESS HAD A FEW PROBLEMS...
THE DANGERS OF SUING A DISSOLVED COMPANY WHICH HAS BEEN RESTORED TO THE REGISTER: COURT REFUSES TO EXTEND TIME BEYOND THE PERIOD OF DISSOLUTION
COST BITES 441: NO ORDER FOR COSTS - EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE...
INSURER'S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE...
COST BITES 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM

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