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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2021 » April » 01
PROVING THINGS 208: IMPACT OF COVID MEANS THAT THE CLAIMANT HAS LOST NOTHING AND DEFENDANT GAIN NOTHING: NO AWARD FOR THE CLAIMANT'S "LOSSES"

PROVING THINGS 208: IMPACT OF COVID MEANS THAT THE CLAIMANT HAS LOST NOTHING AND DEFENDANT GAIN NOTHING: NO AWARD FOR THE CLAIMANT’S “LOSSES”

April 1, 2021 · by gexall · in Civil Procedure, Damages, Members Content

The judgment of HHJ Hodge QC (sitting as a High Court judge) in Wigan Borough Council v Scullindale Global Ltd & Ors [2021] EWHC 779 (Ch)  has much of interest. The judge’s observation that “one of the particular pleasures of…

"THERE ARE NOT TWO SETS OF RULES FOR LITIGATION IN THIS JURISDICTION": COURT AWARDS INDEMNITY COSTS AGAINST A LITIGANT IN PERSON

“THERE ARE NOT TWO SETS OF RULES FOR LITIGATION IN THIS JURISDICTION”: COURT AWARDS INDEMNITY COSTS AGAINST A LITIGANT IN PERSON

April 1, 2021 · by gexall · in Conduct, Costs, Members Content

In Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 817 (Ch)  HHJ Paul Matthews (sitting as a High Court judge) awarded indemnity costs against a litigant in person. “There are not two sets of rules for litigation in this…

SECTION 33 DISCRETION CONSIDERED IN THE CONTEXT OF A SEXUAL ABUSE CLAIM

April 1, 2021 · by gexall · in Limitation, Members Content, Personal Injury

In  SKX v Manchester City Council [2021] EWHC 782 (QB) Mr Justice Cavanagh considered the exercise of the discretion under Section 33 in the context of a claim for sexual abuse.  The context was somewhat unusual in that the judge…

A SPLIT TRIAL IS NOT ALWAYS A GOOD IDEA: ORDERS MADE WITH THE BEST OF INTENTIONS CAN PROVE TO BE A COSTLY EXERCISE

A SPLIT TRIAL IS NOT ALWAYS A GOOD IDEA: ORDERS MADE WITH THE BEST OF INTENTIONS CAN PROVE TO BE A COSTLY EXERCISE

April 1, 2021 · by gexall · in Applications, Case Management, Members Content

In Mather v Ministry of Defence [2021] EWHC 811 (QB) Mr Justice Freedman refused the claimant’s application for a split trial.   “The law reports are littered with cases where a preliminary issue seemed a good cost-saving exercise, but where…

LAWYER 1706% OUT IN ESTIMATE OF COSTS - AND ASSERTS THAT'S A GOOD THING: PAH

LAWYER 1706% OUT IN ESTIMATE OF COSTS – AND ASSERTS THAT’S A GOOD THING: PAH

April 1, 2021 · by gexall · in Charity, Members Content, Well being

Today is April 1st.  The headline to this post may be slightly deceptive, but for good reason. I wanted an opportunity to thank the many dozens of people who were kind enough to support my 10,000 steps a day in…

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Recent Posts

  • THE CLAIMANT RELIED ON A FALSE AUTHORITY: THE CONTEXT OF THIS CASE MADE IT DIFFICULT FOR THE LITIGANT TO CHECK THE CITATION
  • PROVING THINGS 273: COURT OF APPEAL OVERTURNS FINDINGS OF FACT: IT “BEGGARS BELIEF” THAT THE DEFENDANT DID NOT KNOW OF THE RELEVANT MATTERS
  • MAZUR MATTERS 33: MAZUR IN PARLIAMENT (2): THE LETTER FROM THE MINISTER TO THE JUSTICE COMMITTEE
  • DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025: LOOKING AT MISTAKES IN LITIGATION TO AVOID REPEATS NEXT YEAR…
  • MAZUR MATTERS 32: MAZUR IN PARLIAMENT (1): THE LETTER FROM THE JUSTICE COMMITTEE TO THE MINISTER

Top Posts

  • MAZUR MATTERS 33: MAZUR IN PARLIAMENT (2): THE LETTER FROM THE MINISTER TO THE JUSTICE COMMITTEE
  • COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE "JOINED" AND NOT "CONSOLIDATED": AN IMPORTANT DISTINCTION IN THE RULES
  • MAZUR MATTERS 32: MAZUR IN PARLIAMENT (1): THE LETTER FROM THE JUSTICE COMMITTEE TO THE MINISTER
  • PROVING THINGS 273: COURT OF APPEAL OVERTURNS FINDINGS OF FACT: IT "BEGGARS BELIEF" THAT THE DEFENDANT DID NOT KNOW OF THE RELEVANT MATTERS
  • WITNESS EVIDENCE WEDNESDAY: DISTILLING THE GESTMIN GUIDELINES: WHICH WITNESS WILL BE BELIEVED? (AND WHAT PART OF THEIR EVIDENCE ACCEPTED?)

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