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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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, Members Content

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, Members Content

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, Members Content, 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…

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Recent Posts

  • CAN DELAY IN APPLYING TO STRIKE OUT AN ACTION FOR ABUSE OF PROCESS BE AN ABUSE OF PROCESS IN ITSELF? THE DANGERS OF LETTING TIME GO BY
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  • AN ORDER FOR WASTED COSTS NARROWLY AVERTED – BUT THERE WERE ISSUES ON BOTH SIDES: “NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY”
  • ATTEMPTS TO “REVISIT” THE PRELIMINARY ISSUES REFUSED: ALSO THE JUDGE WOULD HAVE PREFERRED TO SEE WITNESS STATEMENTS NOT JUST DOCUMENTS…
  • ADVOCACY THE JUDGE’S VIEW A RECAP OF THE SERIES 3: “THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE”: WHY ALL LITIGATORS SHOULD KNOW THESE THINGS…

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CLAIMANT'S SUCCESSFUL APPEAL AGAINST THE STRIKING OUT OF A CASE BECAUSE A WITNESS STATEMENT HAD NOT BEEN PROVIDED: THE SMALL CLAIMS PROTOCOL IS (VERY) DIFFERENT...
AN ORDER FOR WASTED COSTS NARROWLY AVERTED - BUT THERE WERE ISSUES ON BOTH SIDES: "NONE OF THE LEGAL PROFESSIONALS IN THIS CASE HAVE COVERED THEMSELVES WITH GLORY"
FAILING TO GIVE THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: THE JUDGE MAY THINK THAT THERE IS SOMETHING FISHY GOING ON HERE...
ADVOCACY THE JUDGE'S VIEW A RECAP OF THE SERIES 3: "THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE": WHY ALL LITIGATORS SHOULD KNOW THESE THINGS...
COST BITES 432: THE COURT CANNOT ALTER THE COSTS BUDGET UNLESS THERE ARE "SIGNIFICANT DEVELOPMENTS" : HIGH COURT DECISION

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