Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2020 » September
PARTICIPATION IN COURTS AND TRIBUNALS:  NEW BOOK

PARTICIPATION IN COURTS AND TRIBUNALS: NEW BOOK

September 30, 2020 · by gexall · in Book Review

The issue of participation in court proceedings is a very real one at the moment.  Almost on cue yesterday the publication today of Participation in Courts and Tribunals: Concepts, Realities and Aspirations (editors: Jessica Jacobson and Penny Cooper). It is available as…

"A MOST UNUSUAL CASE": "A JUDGE'S DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT"

“A MOST UNUSUAL CASE”: “A JUDGE’S DRAFT JUDGMENT IS NOT AN INVITATION TO TREAT”

September 30, 2020 · by gexall · in Appeals, Applications

In FS v RS and JS [2020] EWFC 63 Sir James Munby warned against trying to re-open cases after judgment has been given.  There were several attempts to re-open the judgment after it was given. It is the only judgment…

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP - SEPTEMBER 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – SEPTEMBER 2020

September 30, 2020 · by gexall · in Civil Procedure, Coronavirus, Useful links

This round up also covers specific posts and articles in relation to coronavirus. There will no longer be a specific round up covering coronavirus and and civil procedure.  There is, however, a monthly round up of a wide range of…

FUNDAMENTAL DISHONESTY AND WASTED COSTS AGAINST A SOLICITOR: THE BURDEN IS ON THE APPLICANT TO PROVE CAUSATION

FUNDAMENTAL DISHONESTY AND WASTED COSTS AGAINST A SOLICITOR: THE BURDEN IS ON THE APPLICANT TO PROVE CAUSATION

September 29, 2020 · by gexall · in Appeals, Applications, Costs, Wasted Costs

The judgment of Mrs Justice Lambert in  Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) provides an interesting example of a failure to prove causation in a wasted costs application. A solicitor had been negligent in failing to pass…

ONLINE COURTS DURING THE PANDEMIC:  RESEARCH AND QUESTIONS:  LESSONS FROM TEXAS

ONLINE COURTS DURING THE PANDEMIC: RESEARCH AND QUESTIONS: LESSONS FROM TEXAS

September 28, 2020 · by gexall · in Access to justice, Coronavirus, Remote hearings

The problems of keeping the courts going during a pandemic are universal and worldwide. Countries throughout the globe  are getting to grips with the problems caused by remote hearings.  Professor Elizabeth Thornburg  from the Southern Methodist University has written a…

VIDEO EVIDENCE NOT ALLOWED AT TRIAL: APPEAL AGAINST REFUSAL DISMISSED:  A "STORM IN A TEACUP"

VIDEO EVIDENCE NOT ALLOWED AT TRIAL: APPEAL AGAINST REFUSAL DISMISSED: A “STORM IN A TEACUP”

September 28, 2020 · by gexall · in Appeals, Applications, Civil evidence, Clinical Negligence, Personal Injury

In  Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Mrs Justice Lambert dismissed an appeal against a refusal by a defendant to allow video evidence to be adduced at trial.  The evidence was not relevant and…

CIVIL PROCEDURE BACK TO BASICS 86: PRE-ACTION ADMISSIONS: THE DANGERS OF NOT MAKING THEM AND THE CONSEQUENCES IF YOU DO

CIVIL PROCEDURE BACK TO BASICS 86: PRE-ACTION ADMISSIONS: THE DANGERS OF NOT MAKING THEM AND THE CONSEQUENCES IF YOU DO

September 28, 2020 · by gexall · in Admissions, Civil Procedure

The judgment in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce emphasises the point that a party can make a formal pre-action admission.  A party who tries an alternative “non-formal” admission may well not get…

STRESS: HOMEWORKING, SOCIAL ISOLATION AND FISH FILES: A RECAP OF PREVIOUS POSTS THAT MAY BE ABLE TO HELP

STRESS: HOMEWORKING, SOCIAL ISOLATION AND FISH FILES: A RECAP OF PREVIOUS POSTS THAT MAY BE ABLE TO HELP

September 27, 2020 · by gexall · in Avoiding negligence claims, Well being

There has been some discussion on Twitter recently about stress at work and the problems caused when mistakes are made (particularly when they are your own fault).   Added to this we have the difficulties of home working, the lack of…

FATAL ACCIDENT: LEGAL COSTS OF ATTENDING INQUEST WERE RECOVERABLE: THE DANGERS TO DEFENDANTS OF MAKING AN EQUIVOCAL "ADMISSION"

FATAL ACCIDENT: LEGAL COSTS OF ATTENDING INQUEST WERE RECOVERABLE: THE DANGERS TO DEFENDANTS OF MAKING AN EQUIVOCAL “ADMISSION”

September 25, 2020 · by gexall · in Appeals, Costs, Fatal Accidents

In the judgment today in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce upheld a decision that the legal costs incurred in attending an inquest were recoverable as costs in a subsequent action for…

CIVIL LITIGATION BRIEF 25 YEARS AGO:  A QUARTER OF A CENTURY OF CIVIL PROCEDURE

CIVIL LITIGATION BRIEF 25 YEARS AGO: A QUARTER OF A CENTURY OF CIVIL PROCEDURE

September 25, 2020 · by gexall · in Civil Procedure, Striking out

Nobody knew what a “blog” was 25 years ago. However at that time Civil Litigation Brief  did exist, it was a monthly column in the Solicitors Journal.  It is interesting to see how much (or how little) matters have moved…

GOT TO DRAFT A DEFENCE? SOME HELPFUL GUIDANCE FROM OUR CANADIAN COUSINS

GOT TO DRAFT A DEFENCE? SOME HELPFUL GUIDANCE FROM OUR CANADIAN COUSINS

September 24, 2020 · by gexall · in Statements of Case, Useful links

  There is relatively little guidance given on the process involved in drafting a defence.  There is some useful help given the the Law Society of Ontario Practice Area Resource “How to Prepare a Statement of Defence”. Some of this…

THE DIFFICULTY IN APPEALING A DENTON TYPE DECISION

THE DIFFICULTY IN APPEALING A DENTON TYPE DECISION

September 23, 2020 · by gexall · in Appeals, Relief from sanctions

The second issue in  judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) was whether the appellant was able to appeal the District Judge’s refusal to grant relief…

DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE

DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE

September 23, 2020 · by gexall · in Appeals, Extensions of time, Relief from sanctions, Witness statements

The judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) considers the issue of whether the Denton principles apply when a witness statement is served late but there…

Resumption of Possession Cases on 20 September 2020:  Statement from the Master of the Rolls

Resumption of Possession Cases on 20 September 2020: Statement from the Master of the Rolls

September 23, 2020 · by gexall · in Coronavirus

On the 17th September 2020 the Master of the Rolls issued a statement about the lifting of the stay on possession cases that took place on the 20th September.  That statement is reproduced below, together with the links referred to….

CIVIL PROCEDURE BACK TO BASICS  85: DIRECTIONS AND COURT ORDERS SHOULD BE "REALISTIC AND ACHIEVABLE"

CIVIL PROCEDURE BACK TO BASICS 85: DIRECTIONS AND COURT ORDERS SHOULD BE “REALISTIC AND ACHIEVABLE”

September 22, 2020 · by gexall · in Case Management, Civil Procedure

One aspect of the Denton decision that is often overlooked, but which was very welcome, was the Court of Appeal’s message to the courts (and the parties) that any directions given should be “realistic and achievable.”   WHAT WAS SAID…

CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED...

CLAIM FOR DAMAGES STRUCK OUT: APPLICATION TO AMEND REFUSED: CLAIMANT FAILED TO USE THEIR LOAF AS CLAIM IS SLICED…

September 22, 2020 · by gexall · in Amendment, Applications, Damages, Striking out, Summary judgment

The judgment of Mrs Justice Jefford in The Leicester Bakery (Holdings) Ltd v Ridge And Partners LLP [2020] EWHC 2430 (TCC) shows the necessity of being able to particularise a claim for damages. What it demonstrates is that, in claims…

THE COLLECTIVE NAME FOR HAND UPS: A "BLIZZARD"OR "HARASSMENT"? WHY IS IT JUDGES LIKE BREVITY SO MUCH?

THE COLLECTIVE NAME FOR HAND UPS: A “BLIZZARD”OR “HARASSMENT”? WHY IS IT JUDGES LIKE BREVITY SO MUCH?

September 22, 2020 · by gexall · in Applications, Written advocacy

In his speech to the Peter Taylor memorial lecture “Complexity and Obscurity in the Law, and how we might mitigate them.” Lord Justice Irwin observed  “there is a special ring in hell for the advocate who stands up at 10:31…

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: "RIVAL TRIBES" IN THE COURTROOM NEVER HELP

IF YOU ARE IN COURT AND NOT SPEAKING TO THE JUDGE: SHUT UP: “RIVAL TRIBES” IN THE COURTROOM NEVER HELP

September 20, 2020 · by gexall · in Advocacy, Conduct

There is one passage in the judgment in Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) that I had to read twice. It is something that emphasises the need to remember that the judge…

SEEK PERMISSION TO APPEAL PROMPTLY (AND TELL THE JUDGE ABOUT IT): "A close analysis of the parties' cases thus reveals a fractal pattern of progressively complex and ever-finer recursive detail of sharply declining significance."

SEEK PERMISSION TO APPEAL PROMPTLY (AND TELL THE JUDGE ABOUT IT): “A close analysis of the parties’ cases thus reveals a fractal pattern of progressively complex and ever-finer recursive detail of sharply declining significance.”

September 20, 2020 · by gexall · in Appeals, Applications, Civil Procedure, Conduct

The judgment of Mr Justice Turner in  Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) discloses an unusual turn of events in relation to an appeal. It contains some important observations about the…

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES

September 18, 2020 · by gexall · in Damages, Fatal Accidents, Webinar

There is another amendment made to the Fatal Accidents  Act 1976 in relation to the people entitled to receive a bereavement award. This is quite technical, but could be important in a very limited class of cases. The amendment is…

1 2 3 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 23,030 other subscribers

Recent Posts

  • CLEAR FINDINGS OF FUNDAMENTAL DISHONESTY: NO SUBSTANTIAL INJUSTICE IN APPLYING THE PRINCIPLE: CLAIMANT IN AT THE DEEP END
  • WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 6th APRIL 2021: THE DECLARATION THAT THE SOLICITOR HAS TO SIGN
  • AVOIDING PROBLEMS: TWELVE THINGS FOR LITIGATORS TO THINK ABOUT IN MARCH
  • GOING BANKRUPT DID NOT RELEASE BANKRUPT FROM A JUDGMENT DEBT: JUDGE GIVES PERMISSION FOR ENFORCEMENT PROCEEDINGS TO CONTINUE DESPITE A SUBSTANTIAL DELAY
  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES

Top Posts & Pages

  • AVOIDING PROBLEMS: TWELVE THINGS FOR LITIGATORS TO THINK ABOUT IN MARCH
  • CLEAR FINDINGS OF FUNDAMENTAL DISHONESTY: NO SUBSTANTIAL INJUSTICE IN APPLYING THE PRINCIPLE: CLAIMANT IN AT THE DEEP END
  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES
  • WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 6th APRIL 2021: THE DECLARATION THAT THE SOLICITOR HAS TO SIGN
  • GOING BANKRUPT DID NOT RELEASE BANKRUPT FROM A JUDGMENT DEBT: JUDGE GIVES PERMISSION FOR ENFORCEMENT PROCEEDINGS TO CONTINUE DESPITE A SUBSTANTIAL DELAY

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin