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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 » July
PROVING THINGS 212: MISTAKE, TRUSTS & TAXATION: "IT IS CLEAR THAT HIS WITNESS STATEMENT WAS CONSTRUCTED WITH ONLY PASSING REFERENCE TO WHAT HIS EVIDENCE IN CHIEF WOULD BE IF CALLED TO GIVE ORAL EVIDENCE"

PROVING THINGS 212: MISTAKE, TRUSTS & TAXATION: “IT IS CLEAR THAT HIS WITNESS STATEMENT WAS CONSTRUCTED WITH ONLY PASSING REFERENCE TO WHAT HIS EVIDENCE IN CHIEF WOULD BE IF CALLED TO GIVE ORAL EVIDENCE”

July 29, 2021 · by gexall · in Civil evidence, Witness statements

The adequacy of witness evidence was considered in detail in the judgment of Deputy Master Marsh in Dukeries Healthcare Ltd v Bay Trust International Ltd & Ors [2021] EWHC 2086 (Ch). It shows the danger of setting out a case…

DRESSING FOR COURT: GUIDANCE AND TWO NEW USEFUL LINKS

July 28, 2021 · by gexall · in Advocacy

Two  posts on the “Yetanotherbloggingbarrister” blog are worth reading on the, sometimes difficult, question of dress for pupil barristers.  I provide the links here. This provides a chance to look again at guidance given more widely. Not only for pupils…

“THIS CASE SHOULD ONCE AGAIN SERVE AS A REMINDER TO LITIGANTS THAT LEAVING THE ISSUE OF A CLAIM FORM TO THE ELEVENTH HOUR OF LIMITATION IS AN EXTREMELY RISK APPROACH TO TAKE AND SHOULD BE AVOIDED AT ALL COSTS”: ISSUE AND THE ELECTRONIC WORKING SYSTEM

July 27, 2021 · by gexall · in Applications, Limitation

The decision of Deputy Master Grimshaw in ABC & Ors v The London Borough of Lambeth [2021] EWHC 2057 (QB) is, I think, the first to consider the question of the date of issue in the Electronic Working System. It…

YOU CANNOT CLAIM ADDITIONAL COSTS AFTER A SECOND CNF IS SENT IN THE PORTAL PROCESS: DISTRICT JUDGE DECISION

July 26, 2021 · by gexall · in Applications, Costs, Fixed Costs, RTA Protocol

I am grateful to barrister James Miller for sending me a copy of the decision of District Judge Rouin in Thandi -v- Esure Services Ltd (9th June 2021).    Thandi v Esure – Approved Judgment – 09.06.21 V1 The claimant…

THE CIVIL JUSTICE SYSTEM DOES NOT COWER IN THE SHADOWS: IT IS DIFFICULT FOR LITIGANTS TO BE ANONYMOUS: NO "PARLIAMENTARY PRIVILEGE" HERE

THE CIVIL JUSTICE SYSTEM DOES NOT COWER IN THE SHADOWS: IT IS DIFFICULT FOR LITIGANTS TO BE ANONYMOUS: NO “PARLIAMENTARY PRIVILEGE” HERE

July 23, 2021 · by gexall · in Appeals, Civil Procedure

If you are ever asked the question as to what the similarities are between dancers at Spearmint Rhino and employees of Members of Parliament then there is only one appropriate answer. They have both applied for, and been refused, permission…

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY "COURTING DISASTER" HAD BROUGHT THIS SITUATION ON THEMSELVES.

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY “COURTING DISASTER” HAD BROUGHT THIS SITUATION ON THEMSELVES.

July 22, 2021 · by gexall · in Applications, Electronic service,, Relief from sanctions, Service of the claim form

We see a classic mistake as to service of the claim form in the judgment of Mr Justice Fraser in LSREF 3 Tiger Falkirk Ltd I S.a.r.l & Anor v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC). The claimant…

EXTENSIONS OF TIME AND THE DENTON CRITERIA: WHEN IT IS UNSATISFACTORY FOR AN APPELLANT TO GO HUNTING

EXTENSIONS OF TIME AND THE DENTON CRITERIA: WHEN IT IS UNSATISFACTORY FOR AN APPELLANT TO GO HUNTING

July 21, 2021 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

In  Secretary of State for Work and Pensions & Anor v Hughes & Ors [2021] EWCA Civ 1093 the Court of Appeal were, shall we say, slightly unimpressed by an argument that a judge should have applied the Denton test…

DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM AN ADMISSION: COURT OF APPEAL UPHOLDS DECISION OF HIGH COURT JUDGE

DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM AN ADMISSION: COURT OF APPEAL UPHOLDS DECISION OF HIGH COURT JUDGE

July 20, 2021 · by gexall · in Admissions, Appeals, Applications, Civil Procedure

In J v A South Wales Local Authority [2021] EWCA Civ 1102 the Court of Appeal upheld an earlier decision refusing a defendant permission to resile from an admission. “There is no doubt that the checklist at paragraph 7.2 is…

COURT SETS ASIDE CONTENTIOUS BUSINESS AGREEMENT: CONTENTS WERE UNFAIR AND UNREASONABLE

COURT SETS ASIDE CONTENTIOUS BUSINESS AGREEMENT: CONTENTS WERE UNFAIR AND UNREASONABLE

July 20, 2021 · by gexall · in Costs

In Tripipatkul v WH Lawrence Ltd (t/a WH Lawrence Solicitors) [2021] EWHC B13 (Costs) Costs Judge Brown set aside a contentious business agreement between a solicitor and their former client. “The decision in ex parte Cathcart requires the court to…

WITNESS STATEMENTS AND HILLSBOROUGH: AN ACADEMIC ANALYSIS OF HOW THE EVIDENCE WAS GATHERED

WITNESS STATEMENTS AND HILLSBOROUGH: AN ACADEMIC ANALYSIS OF HOW THE EVIDENCE WAS GATHERED

July 20, 2021 · by gexall · in Civil evidence, Witness statements

I have written several times about the major difficulties caused by the process of taking witness statements following the Hillsborough disaster.  The process of taking statements is analysed by an academic in Hillsborough disaster: a revealing analysis of the language…

DENTON, APPLICATIONS, THE COURT OF APPEAL AND THE ADMINISTRATIVE COURT: WHEN THE COURT TELLS YOU THAT SPECIFIC APPLICATIONS ARE NEEDED IT IS A GOOD IDEA TO MAKE THEM

DENTON, APPLICATIONS, THE COURT OF APPEAL AND THE ADMINISTRATIVE COURT: WHEN THE COURT TELLS YOU THAT SPECIFIC APPLICATIONS ARE NEEDED IT IS A GOOD IDEA TO MAKE THEM

July 19, 2021 · by gexall · in Appeals, Applications, Relief from sanctions

In Mahmud, R (On the Application Of) v Upper Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 1004 the Court of Appeal sent out a reminder that the need to comply with the Civil Procedure Rules extends to the Administrative…

WHEN TWO EXPERTS ARE BETTER THAN ONE: IT MAY BE MORE ART THAN SCIENCE...

WHEN TWO EXPERTS ARE BETTER THAN ONE: IT MAY BE MORE ART THAN SCIENCE…

July 15, 2021 · by gexall · in Applications, Civil evidence, Expert evidence, Experts

Many of the reported cases in relation to the courts and witness experts are about the judge restricting the use of experts.  In Borro Ltd & Ors v Aitken [2021] EWHC 1902 (Ch) HHJ Johns QC (sitting as a High…

FUNDAMENTAL DISHONESTY: 76 YEAR OLD CLAIMANT SENTENCED TO 6 MONTHS IMMEDIATE IMPRISONMENT FOR CONTEMPT OF COURT

FUNDAMENTAL DISHONESTY: 76 YEAR OLD CLAIMANT SENTENCED TO 6 MONTHS IMMEDIATE IMPRISONMENT FOR CONTEMPT OF COURT

July 14, 2021 · by gexall · in Committal proceedings, Fundamental Dishonesty

In One Insurance -v- Beasley (a judgment available here) a 76 year old was sentenced to six months immediate imprisonment following his dishonest pursuit of a personal injury case. “A wheelchair was hired on two occasions in order to be…

WITNESS STATEMENTS AND GATHERING WITNESS EVIDENCE: THE LESSONS THAT LAWYERS MUST LEARN FROM HILLSBOROUGH: WEBINAR 19th JULY 2021

July 14, 2021 · by gexall · in Civil evidence, Webinar, Witness statements

On the 19th July 2021 I am presenting a webinar that looks at the implications of the Hillsborough case from the point of view of collecting witness evidence. Booking details are available here .  NB – the webinar will be broadcast…

"FOR THOSE WHO BELIEVE THAT MOST CIVIL LITIGATION DOES NOT END UP BEING ABOUT THE COSTS... LOOK AWAY NOW": COURT OF APPEAL ON NON-PARTY COSTS ORDERS

“FOR THOSE WHO BELIEVE THAT MOST CIVIL LITIGATION DOES NOT END UP BEING ABOUT THE COSTS… LOOK AWAY NOW”: COURT OF APPEAL ON NON-PARTY COSTS ORDERS

July 13, 2021 · by gexall · in Appeals, Costs

In  Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 the Court of Appeal upheld a judge’s decision not to make a non-party order against a director of a litigant company.  The…

APPLYING TO HAVE JUDGMENT SET ASIDE:  BE QUICK TO BE SAFE: DELAY IN MAKING APPLICATION MEANT IT WAS "RIGHT ON THE LINE"

APPLYING TO HAVE JUDGMENT SET ASIDE: BE QUICK TO BE SAFE: DELAY IN MAKING APPLICATION MEANT IT WAS “RIGHT ON THE LINE”

July 12, 2021 · by gexall · in Applications, Default judgment,, Relief from sanctions, Setting aside judgment

In Mountain Ash Portfolio Ltd v Vasilyev [2021] EWHC 1853 (Comm) Stephen Houseman QC, sitting as a Deputy High Court Judge, set aside a default judgment. However this was done by the narrowest of margins, the delay in making the…

WHEN CAN A LAY WITNESS GIVE THEIR "OPINION"? SOMETHING YOU NEED TO KNOW

WHEN CAN A LAY WITNESS GIVE THEIR “OPINION”? SOMETHING YOU NEED TO KNOW

July 11, 2021 · by gexall · in Civil evidence, Civil Procedure, Witness statements

The judgment of Sir Michael Burton in Mad Atelier International BV v Manes [2021] EWHC 1899 (Comm) shows that it is essential for civil litigators to have detailed knowledge of what is “opinion” evidence and when it is allowed in a…

PLEADING A CASE WHERE "DISCREDITABLE CONDUCT" IS ALLEGED: THE DEFENDANT MUST KNOW THE CASE THEY HAVE TO MEET

PLEADING A CASE WHERE “DISCREDITABLE CONDUCT” IS ALLEGED: THE DEFENDANT MUST KNOW THE CASE THEY HAVE TO MEET

July 9, 2021 · by gexall · in Statements of Case

The judgment of Mr Justice Bryan in Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 1907 (Comm) could be used as a textbook for several important issues of civil procedure and civil evidence.   Here we look at that…

DEFENDANT UNSUCCESSFUL IN APPLICATION TO STRIKE OUT PART OF CLAIMANT'S WITNESS EVIDENCE: WHEN "HYPOTHETICAL" EVIDENCE MAY BE ADMISSIBLE

DEFENDANT UNSUCCESSFUL IN APPLICATION TO STRIKE OUT PART OF CLAIMANT’S WITNESS EVIDENCE: WHEN “HYPOTHETICAL” EVIDENCE MAY BE ADMISSIBLE

July 9, 2021 · by gexall · in Applications, Civil evidence, Witness statements

The judgment of Sir Michael Burton in Mad Atelier International BV v Manes [2021] EWHC 1899 (Comm) is possibly the first time that Practice Direction 57AC – Trial Witness Statements in the Business and Property Courts has been considered by the…

DEALING WITH THE COUNTER-SCHEDULE AND COUNTER-ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 16th JULY 2021

DEALING WITH THE COUNTER-SCHEDULE AND COUNTER-ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 16th JULY 2021

July 8, 2021 · by gexall · in Courses, Damages, Personal Injury, Webinar

This webinar looks at the legal principles and arguments that can be used to reduce claims for personal injury damages.  It is being held on the 16th July 2021 (and available as an on-demand recording to the 16th January 2022). …

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