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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES

PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES

March 3, 2021 · by gexall · in Appeals, Civil evidence, Costs, Damages, Members Content

In Cakebread & Anor v Fitzwilliam [2021] EWHC 472 (Comm) Sir Ross Cranston (sitting as a High Court judge) considered an argument from the claimant barristers that an arbitrator had erred in refusing to award them their fees.  The essential…

"WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

“WHAT’S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?” WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED

March 3, 2021 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Truth, Witness statements

The question “What’s the difference between knowledge and belief” was a search term that led to this blog yesterday.  I mentioned this on Twitter and it has led to some interesting responses, ranging from the philosophical to the whimsical. You…

SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY…

March 3, 2021 · by gexall · in Applications, Civil Procedure, Members Content, Setting aside judgment

The judgment of Master Thornett in  The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413 contains some object lessons for anyone involved in an application to set aside default…

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  • THROWBACK FRIDAY: GESTMIN GUIDANCE IN THE CONTEXT OF CLINICAL NEGLIGENCE CASES (WITH A CHANCE TO REMEMBER HH ALAN GORE K.C.) : JULY 2019
  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS

Top Posts

COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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