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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » March » 26
"POSSIBLE CRIMINAL ACTIONS THAT MAY HAVE TAKEN PLACE IN THIS CASE INCLUDE PERJURY, CONSPIRACY TO DEFRAUD AND CONSPIRACY TO PERVERT THE COURT OF JUSTICE": THE NON-EXISTENT TRIP TO ILKLEY

“POSSIBLE CRIMINAL ACTIONS THAT MAY HAVE TAKEN PLACE IN THIS CASE INCLUDE PERJURY, CONSPIRACY TO DEFRAUD AND CONSPIRACY TO PERVERT THE COURT OF JUSTICE”: THE NON-EXISTENT TRIP TO ILKLEY

March 26, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

The judgment of HH Judge Davis-White QC (sitting as a High Court Judge) in The British University in Dubai v Ebrahimi [2021] EWHC 757 (Ch) contains clear findings of fact in relation to three witnesses.  Among the matters of interest…

LIMITATION AND EXPOSURE TO ASBESTOS: CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE & ACTION ISSUED WITHIN TIME

LIMITATION AND EXPOSURE TO ASBESTOS: CLAIMANT DID NOT HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE & ACTION ISSUED WITHIN TIME

March 26, 2021 · by gexall · in Limitation, Members Content, Personal Injury

In  Balls v Reeve & Anor [2021] EWHC 751 (QB) David Pittaway QC (sitting as a Deputy Judge of the High Court) found that the claimant’s date of knowledge was not more than three years prior to issue. THE CASE…

A CAP OF 25% ON COSTS TO BE DEDUCTED FROM DAMAGES GIVES RISE TO PRESUMPTION OF INFORMED CONSENT FROM CLIENT

A CAP OF 25% ON COSTS TO BE DEDUCTED FROM DAMAGES GIVES RISE TO PRESUMPTION OF INFORMED CONSENT FROM CLIENT

March 26, 2021 · by gexall · in Costs, Members Content, Success Fees

The Law Society Gazette carries a report of the decision of Regional Costs Judge Rouine in Swann -v- Slater & Gordon. The judge decided that the existence of a cap on costs liability of 25% indicated that a claimant/client had…

"WHAT'S THE DIFFERENCE BETWEEN A WITNESS STATEMENT AND SUBSTANTIVE SUBMISSIONS"

“WHAT’S THE DIFFERENCE BETWEEN A WITNESS STATEMENT AND SUBSTANTIVE SUBMISSIONS”

March 26, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements, Written advocacy

The title of this piece is a search term that led someone to this blog today.  Again it caused me to repeat a point made several years ago on this blog.     THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS In a…

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Recent Posts

  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
  • SERVICE POINTS 56 : PERSONAL SERVICE NOT EFFECTED: COURT RETROSPECTIVELY APPROVES ALTERNATIVE SERVICE OF DOCUMENTS IN CONTEMPT PROCEEDINGS
  • DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
  • THROWBACK FRIDAY: A CASE WHERE THE SOLICITORS’ EVIDENCE (OF THEIR OWN) LOSS WAS “WHOLLY INADEQUATE” (OCTOBER 2017)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON'T LET THIS HAPPEN TO YOU...)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT

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