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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » December » 22
NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

NO INTEREST ON COSTS OF LOAN IN A PERSONAL INJURY CASE: THERE IS A POWER BUT THE COURT DID NOT EXERCISE ITS DISCRETION

December 22, 2020 · by gexall · in Assessment of Costs, Costs, Interest, Members Content

I am grateful to Paul Wainwright for sending me a copy of the judgment of District Judge Baldwin in Godfrey -v- Automotive Products Limited (17th December 2020). This decision, by the regional costs judge, considers whether a claimant in a…

REVIEW OF  CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR

REVIEW OF CIVIL PROCEDURE IN 2020 1: THE OPENING LINES OF JUDGMENTS: DUNNYS, UNICORNS, A REQUIEM, BUTT SHAKING AND INSECTS: HOW BEST TO SUM UP AN UNUSUAL YEAR

December 22, 2020 · by gexall · in Civil Procedure, Contest, Charity,, Members Content

This year has been a boom year for the “opening lines of a judgment” contest.  The search has gone international and these opening lines tell us much about the legal world, and life, in 2020.  There are so many good…

WHEN A LITIGANT HAS "FAILED IN ITS DUTY AT EVERY POINT": COUNCIL FOUND AT FAULT AND IN DEFAULT

WHEN A LITIGANT HAS “FAILED IN ITS DUTY AT EVERY POINT”: COUNCIL FOUND AT FAULT AND IN DEFAULT

December 22, 2020 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content

In Nur & Anor, R (On the Application Of) v Birmingham City Council [2020] EWHC 3526 (Admin)  Mr David Lock QC (sitting as a Deputy High Court Judge) commented on the failure of the defendant council to comply with the…

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Recent Posts

  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…
  • NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
  • “THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE”: EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
  • NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
  • WHAT WENT WRONG FOR LITIGATORS IN 2026 AND HOW DO YOU AVOID PROBLEMS IN 2027 ? WEBINAR ON THE 9th DECEMBER ADDRESSES THESE ISSUES [BUY YOURSELF (OR SOMEONE ELSE) AN EARLY CHRISTMAS PRESENT…]

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CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
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