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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » February » 22
ADJOURNMENT OF TRIAL ON THE GROUNDS OF ILL-HEALTH: COURT OF APPEAL OVERTURNS DECISION THAT HEARING SHOULD GO AHEAD: A TRIAL SHOULD BE "FAIR IN ALL THE CIRCUMSTANCES"

ADJOURNMENT OF TRIAL ON THE GROUNDS OF ILL-HEALTH: COURT OF APPEAL OVERTURNS DECISION THAT HEARING SHOULD GO AHEAD: A TRIAL SHOULD BE “FAIR IN ALL THE CIRCUMSTANCES”

February 22, 2021 · by gexall · in Adjournments, Appeals, Members Content

“Applying for an adjournment on the grounds of ill health” is a common (indeed one of the most common) search terms that leads people to this blog.  It is unusual to see a Court of Appeal decision on this issue….

CIVIL PROCEDURE BACK TO BASICS 89:  THE 2% CAP ON COSTS BUDGETING: SOMETHING TO WATCH OUT FOR

CIVIL PROCEDURE BACK TO BASICS 89: THE 2% CAP ON COSTS BUDGETING: SOMETHING TO WATCH OUT FOR

February 22, 2021 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

Some draft orders for CCMCs I have seen recently included, towards the end a provision for the 2% cap on the budgeting process to be be applied.  Anyone faced with such a draft should point to the provisions of CPR…

ADJOURNMENT OF A TRIAL IS A "LAST RESORT" (AND WILL RARELY OCCUR BECAUSE OF INABILITY OF SPECIFIC COUNSEL TO ATTEND)

ADJOURNMENT OF A TRIAL IS A “LAST RESORT” (AND WILL RARELY OCCUR BECAUSE OF INABILITY OF SPECIFIC COUNSEL TO ATTEND)

February 22, 2021 · by gexall · in Adjournments, Applications, Clinical Negligence, Experts, Members Content

The judgment of Mr Justice Fordham in  Naylor v University Hospitals of Leicester NHS Trust [2021] EWHC 340 (QB) shows the difficulty of obtaining an adjournment of a trial date.    The judge rejected an application on the grounds of…

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