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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » September » 22
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, Members Content

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, Members Content, 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, Members Content, 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…

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