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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » November » 12
YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY "EMBRACE IT: IT WILL MAKE YOUR JOB EASIER"

YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”

November 12, 2020 · by gexall · in Bundles, Case Management, Coronavirus, Members Content, Remote hearings

In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely.  I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …

COURT OF APPEAL CONSIDERS AWARD FOR  AS TO COSTS ON ACCOUNT: WHAT IS A "REASONABLE SUM"? (£325,000 IN THIS CASE)

COURT OF APPEAL CONSIDERS AWARD FOR AS TO COSTS ON ACCOUNT: WHAT IS A “REASONABLE SUM”? (£325,000 IN THIS CASE)

November 12, 2020 · by gexall · in Appeals, Costs, Interim Payments, Members Content

In Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 we have a rare case of the Court of Appeal considering an appeal on an order that a party pay a sum on account of costs. THE CASE The Court…

ACKNOWLEDGMENT OF SERVICE FILED LATE - BUT JUDGMENT IN DEFAULT WAS IRREGULAR AND SET ASIDE: A REMINDER THAT THE RULES HAVE CHANGED

ACKNOWLEDGMENT OF SERVICE FILED LATE – BUT JUDGMENT IN DEFAULT WAS IRREGULAR AND SET ASIDE: A REMINDER THAT THE RULES HAVE CHANGED

November 12, 2020 · by gexall · in Appeals, Civil Procedure, Default judgment,, Members Content, Setting aside judgment

The judgment of Mr Justice Choudhury in  MB v RBG [2020] EWHC 3022 (QB) is the first I have seen considering the new provisions of CPR 12.3 and the circumstances in which a default judgment can be set aside.  It…

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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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