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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2020 » October
CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP OCTOBER 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP OCTOBER 2020

October 31, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Useful links

This round up covers specific posts and articles in relation to civil procedure .  There is a monthly round up of a wide range of legal issues and coronavirus on the Kings Chambers blog, Coronavirus: Guidance for Lawyers and Business….

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

COURTESY, THE ADVOCATE AND THE LAWYER: TEN THINGS TO THINK ABOUT TO HELP YOUR CLIENTS (AND YOURSELVES)

October 30, 2020 · by gexall · in Advocacy, Conduct

A tweet from a barrister, this afternoon complained, in essence about the “pointless aggression” of an opponent. It has gathered lots of support.   One thing that judges, from around the world, are universally keen on is courtesy.   This gives me…

A "LACK OF OBJECTIVITY" IN AN EXPERT'S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

A “LACK OF OBJECTIVITY” IN AN EXPERT’S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT

October 30, 2020 · by gexall · in Clinical Negligence, Credibility of experts, Expert evidence, Experts

In Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) HHJ Freedman (sitting as a Deputy High Court Judge) made some telling observations about the lack of objectivity of the defendant’s expert. THE CASE The claimant…

THE IMPORTANCE OF GETTING EVIDENCE EARLY:  "I DON'T REMEMBER NOW & I WON'T REMEMBER ANYTHING IF I COME TO COURT"

THE IMPORTANCE OF GETTING EVIDENCE EARLY: “I DON’T REMEMBER NOW & I WON’T REMEMBER ANYTHING IF I COME TO COURT”

October 30, 2020 · by gexall · in Civil evidence, Witness statements

The observations of Mr Justice Nicklin in Rayner v Seabourne-Hawkins [2020] EWHC 2895 (QB) highlight the importance of gathering evidence promptly.  It also contains the text of a highly perceptive letter from a prospective witness that, in many ways, highlights…

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT...

TOP 10 HALLOWEEN WORRIES FOR LAWYERS: TIME LIMITS, TRIAL BUNDLES AND WAKING UP IN THE MIDDLE OF THE NIGHT…

October 30, 2020 · by gexall · in Applications, Avoiding negligence claims, Useful links

Today is a special day and I thought I’d start by looking at what scares lawyers most?  This was discussed in 2017, there was another useful post on scary stuff in 2018.  I have made a selection from the 2017…

THE DANGERS OF APPLYING FOR NON-PARTY COSTS ORDERS: THE APPLICANT HAS TO PAY THE PRICE: COURT OF APPEAL DECISION TODAY

THE DANGERS OF APPLYING FOR NON-PARTY COSTS ORDERS: THE APPLICANT HAS TO PAY THE PRICE: COURT OF APPEAL DECISION TODAY

October 29, 2020 · by gexall · in Appeals, Applications, Costs

In the judgment today in Deepchand & Anor v Sooben [2020] EWCA Civ 1409 the Court of Appeal overturned a decision that there be no order for costs when a party made an unsuccessful application for a non-party costs order. …

PART 36: JUDGE WAS WRONG NOT TO ALLOW ENHANCED INTEREST WHEN CLAIMANT BEAT ITS OWN OFFER: COURT OF APPEAL DECISION

PART 36: JUDGE WAS WRONG NOT TO ALLOW ENHANCED INTEREST WHEN CLAIMANT BEAT ITS OWN OFFER: COURT OF APPEAL DECISION

October 29, 2020 · by gexall · in Appeals, Civil Procedure, Part 36

In the judgment today in Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374 the Court of Appeal overturned the decision of the trial judge not to award additional interest on damages and costs in a case…

CORONAVIRUS AND CIVIL PROCEDURE: THE PRACTICE DIRECTION ENDS TOMORROW: REVIEW OF THE CASES

CORONAVIRUS AND CIVIL PROCEDURE: THE PRACTICE DIRECTION ENDS TOMORROW: REVIEW OF THE CASES

October 29, 2020 · by gexall · in Amendment, Civil evidence, Civil Procedure, Coronavirus

Practice Direction 51ZA which allows parties to extend time limits for up to 56 days comes to an end on the 30th October 2020.   Unless there is a further rule change then parties can only agree extensions of 28 days. …

SOLICITOR'S FEES NOT RECOVERABLE AFTER THEY HAD TERMINATED THE CONDITIONAL FEE AGREEMENT: HIGH COURT DECISION

SOLICITOR’S FEES NOT RECOVERABLE AFTER THEY HAD TERMINATED THE CONDITIONAL FEE AGREEMENT: HIGH COURT DECISION

October 28, 2020 · by gexall · in Appeals, Conditional Fee Agreements, Costs

In  Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) Mr Justice Griffiths dismissed a solicitor’s appeal against a decision that he was not able to recover costs from a client after a conditional fee agreement had been terminated….

GOING FOR A SONG: THE DANGERS OF DOING NOTHING WHEN PART 18 QUESTIONS ARE SERVED, AND ARGUING "NOT" ENTITLED WHEN A COURT ORDER HAS BEEN MADE:

GOING FOR A SONG: THE DANGERS OF DOING NOTHING WHEN PART 18 QUESTIONS ARE SERVED, AND ARGUING “NOT” ENTITLED WHEN A COURT ORDER HAS BEEN MADE:

October 28, 2020 · by gexall · in Civil evidence, Civil Procedure, Relief from sanctions

The judgment of Master Kay in Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) provides an important reminder that a Part 18 request cannot simply be ignored.  Further once a court makes an order that a party…

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES

October 27, 2020 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts, Liability, Personal Injury

The judgment of HHJ Mithani QC in Colar v Highways England Company Ltd [2019] EW Misc 17 (CC) has recently arrived on BAILLI.  It provides an illustration of the danger of defending a claim “at all costs”.  The judge was…

SERVE WITNESS STATEMENTS LATE AT YOUR PERIL: RELIEF FROM SANCTIONS NECESSARY AND LATE SERVICE IS NEARLY ALWAYS A SERIOUS BREACH

October 27, 2020 · by gexall · in Applications, Relief from sanctions, Sanctions, Witness statements

There are many interesting aspects of the judgment of HHJ Mithani QC in Patel & Anor v Barlows Solicitors (a firm) & Ors [2020] EWHC 2753 (Ch). Here I want to look at the part of the judgment that considers…

CLAIMANT IN LOW-VALUE PERSONAL INJURY CASE NOT ENTITLED TO RELY ON EXPERT REPORTS WHEN PROTOCOL NOT COMPLIED WITH: JUDGMENT ON APPEAL

October 27, 2020 · by gexall · in Appeals, Expert evidence, Experts, Personal Injury

In Mason -v- Laing (Bradford County Court 20th January 2020 Mason v Laing)  HHJ Gosnell held that a claimant that failed to comply with the requirements as to instructing experts prior to a Stage 3 hearing could not rely on…

COURT SET ASIDE A JUDGMENT OBTAINED 10 YEARS LATER: COURT FINDS THAT DOCUMENTS WERE FORGED BY DEFENDANTS: ANOTHER ROUND IN A BARE KNUCKLE FIGHT

COURT SET ASIDE A JUDGMENT OBTAINED 10 YEARS LATER: COURT FINDS THAT DOCUMENTS WERE FORGED BY DEFENDANTS: ANOTHER ROUND IN A BARE KNUCKLE FIGHT

October 26, 2020 · by gexall · in Civil Procedure, Setting aside judgment

In March last year I wrote about the Supreme Court’s decision in Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13. In that case the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which,…

PROVING THINGS 184: PROVING YOU CAN'T A CLAIM WILL BE "STIFLED"  REQUIRES A DETAILED EXPLANATION

PROVING THINGS 184: PROVING YOU CAN’T A CLAIM WILL BE “STIFLED” REQUIRES A DETAILED EXPLANATION

October 26, 2020 · by gexall · in Civil evidence, Civil Procedure, Setting aside judgment

In National Tourism Council of Qatar v Mehdiyev [2020] EWHC 2638 (Ch) Deputy Master Hansen considered the defendant’s evidence as to means when deciding whether or not to impose terms when setting aside a judgment.  It is important to note…

”THAT ADMIRABLE SOLICITOR FROM CREWKERNE": A TRIBUTE TO MICHAEL WILLIAMSON

”THAT ADMIRABLE SOLICITOR FROM CREWKERNE”: A TRIBUTE TO MICHAEL WILLIAMSON

October 25, 2020 · by gexall · in Well being

In June this year I published an interview with Michael Williamson as part of The (Not So) Lonely Litigators Club series. Michael was the final “founding” member of our club. At that time Michael had recently merged his practice and…

EXTENSION OF TIME TO APPEAL REFUSED: HIGH COURT DECISION TODAY

EXTENSION OF TIME TO APPEAL REFUSED: HIGH COURT DECISION TODAY

October 23, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

In the judgment today in Jamous v Mercouris [2020] EWHC 2814 (QB) Mr Justice Murray refused a claimant’s application for permission to appeal out of time.  It is a reminder that applications of extensions of time to appeal are dealt…

“ALL MATTERS WERE INFECTED FROM THE OUTSET WITH A REGRETTABLE INJUDICIOUS AND PEREMPTORY LACK OF PROFESSIONAL ASSIDUOUSNESS” : FROM AN ORGANISATION THAT SHOULD KNOW MUCH, MUCH, BETTER: JUST TAKE A WITNESS STATEMENT

October 22, 2020 · by gexall · in Civil evidence, Civil Procedure, Conduct, Witness statements

This blog has looked, many times, at cases that have floundered at trial because of basic failures to investigate the primary facts.  Sometimes applications fail because of a fundamental lack of knowledge as to what “facts” are.    The judgment…

CLAIMANT GIVEN RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER (WITH NO FORMAL APPLICATION BEING MADE).

CLAIMANT GIVEN RELIEF FROM SANCTIONS FOLLOWING BREACH OF PEREMPTORY ORDER (WITH NO FORMAL APPLICATION BEING MADE).

October 21, 2020 · by gexall · in Applications, Peremptory orders, Relief from sanctions

In Park v Hadi & Anor [2020] EWHC 2687 Mr Justice Freedman granted a defendant relief from sanctions in circumstances where there had been a breach of a peremptory order and no formal application had been made.   THE CASE…

SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS

SOLICITOR AND OWN CLIENT COSTS: NO SENSE OF PROPORTIONALITY HERE: SOME BASIC POINTS ON BILLS

October 20, 2020 · by gexall · in Assessment of Costs, Costs, Costs budgeting

In Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) the parties were arguing about £385.40.   The judge observed “According to their statements of costs, the Claimant and the Defendant have spent £52,575.63 and £35,139.70 respectively on this appeal. That…

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