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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » July » 23

COUNSEL’S FEES NOT RECOVERABLE UNDER FIXED COSTS REGIME WHERE CASE SETTLED DAY BEFORE HEARING

July 23, 2020 · by gexall · in Costs, Fixed Costs, Members Content, Skeleton arguments

I am grateful to barrister Sarah Robson for sending me a copy of the decision of Master Haworth in Coleman -v- Townsend [SCC Senior Court Costs Office 13th July 2020). A copy of which is available here Final Judgment Coleman…

ASSESSING WITNESS CREDIBILITY A "REASONING PROCESS VITIATED BY AT LEAST THREE FUNDAMENTAL ERRORS OF APPROACH": HIGH COURT LAYS DOWN THE LAW

ASSESSING WITNESS CREDIBILITY A “REASONING PROCESS VITIATED BY AT LEAST THREE FUNDAMENTAL ERRORS OF APPROACH”: HIGH COURT LAYS DOWN THE LAW

July 23, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

In  Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) Mr Justice Warby set out a powerful critique of the reasoning given by the Medical Practitioners Tribunal.   The judgment contains an essential summary of…

HIGH COURT UPHOLDS DECISION TO STRIKE OUT CLAIMANT'S PERSONAL INJURY ACTION (AND CLAIMANT HAS TO PAY THE COSTS AS WELL)

HIGH COURT UPHOLDS DECISION TO STRIKE OUT CLAIMANT’S PERSONAL INJURY ACTION (AND CLAIMANT HAS TO PAY THE COSTS AS WELL)

July 23, 2020 · by gexall · in Abuse of Process, Appeals, Members Content, Personal Injury, Striking out

In Akay v Newcastle University [2020] EWHC 1669 (QB) Mr Justice Lavender upheld an earlier decision that a personal injury action be struck out as an abuse of process.   “If it was to be alleged that the judge failed…

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