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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » February » 25
"BUILD IT AND WHO CARES IF THEY COME": THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF "SCHOOL-GRADE WEB SKILLS"

“BUILD IT AND WHO CARES IF THEY COME”: THE REGISTER ON WHAT IS HAPPENING WITH THE COURT RULES AND LISTING ONLINE: THE ABSENCE OF “SCHOOL-GRADE WEB SKILLS”

February 25, 2021 · by gexall · in Access to justice, Civil Procedure, Members Content

An interesting explanation of why practitioners, and others, are having problems with access to rules of court and listing can be found in The Register – which provides news on technology for I T Professionals.  The Register reports that the…

AN APPLICATION THAT WAS "OPPORTUNISTIC AND WITHOUT MERIT": NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL

AN APPLICATION THAT WAS “OPPORTUNISTIC AND WITHOUT MERIT”: NON-PAYMENT OF THE COURT FEE WITHIN EXISTING PROCEEDINGS DOES NOT GIVE RISE TO A LIMITATION DEFENCE: JARNDYCE -v- JARNDYCE CONSIDERED IN THE COURT OF APPEAL

February 25, 2021 · by gexall · in Appeals, Civil Procedure, Court fees, Limitation, Members Content, Striking out

The issue of non-payment, or under-payment, of court fees was considered by the Court of Appeal in the judgment today in  Butters & Anor v Hayes [2021] EWCA Civ 252. THE CASE During the course of an action the court…

THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND…

February 25, 2021 · by gexall · in Access to justice, Civil Procedure, Members Content

After some, shall we say “adverse”, comments on the way that the Civil Procedure Rules are presented on the government website the “old” site has has been given a reprieve.   ON THE JUSTICE WEBSITE The Rules are still available…

WITNESS STATEMENTS IN THE DOCK AGAIN: "DESPITE HAVING EXPRESSLY ADOPTED THE WITNESS STATEMENTS IN EVIDENCE IN CHIEF [HE] COULD NOT CONFIRM THAT IT REPRESENTED HIS EVIDENCE"

WITNESS STATEMENTS IN THE DOCK AGAIN: “DESPITE HAVING EXPRESSLY ADOPTED THE WITNESS STATEMENTS IN EVIDENCE IN CHIEF [HE] COULD NOT CONFIRM THAT IT REPRESENTED HIS EVIDENCE”

February 25, 2021 · by gexall · in Civil evidence, Members Content, Witness statements

The judgment of Mrs Justice Moulder in PJSC Tatneft v Bogolyubov & Ors [2021] EWHC 411 (Comm) provides a further example of the contention that obtaining witness evidence is  probably not part of the “stock in trade” of those who…

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