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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » December » 03
CLAIMANT'S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS...

CLAIMANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS…

December 3, 2021 · by gexall · in Appeals, Extensions of time, Members Content, Relief from sanctions

In  Day v Womble Bond Dickinson (UK) LLP [2021] EWHC 3236 (QB) Deputy Master Toogood refused a claimant’s application for relief from sanctions when there had been a four month delay in applying for permission to amend the Particulars of…

SOCIAL MEDIA AND DISCLOSURE:  A REMINDER OF THE SOLICITOR'S DUTIES

SOCIAL MEDIA AND DISCLOSURE: A REMINDER OF THE SOLICITOR’S DUTIES

December 3, 2021 · by gexall · in Applications, Clinical Negligence, Disclosure, Members Content

The short judgment of Mr Justice Martin Spencer in Lock v Ravi-Shankar [2021] EWHC 3247 (QB) highlights a number of important issues in relation to the solicitor’s duty, disclosure and social media in particular. “It is necessary for solicitors to…

"IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE"

“IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE”

December 3, 2021 · by gexall · in Applications, Bundles, Civil evidence, Civil Procedure, Members Content

The closing lines of the judgment of HHJ Pelling QC (sitting as a High Court judge) in Libyan Investment Authority v Credit Suisse International & Ors [2021] EWHC 2684 (Comm) highlight many issues in relation to civil advocacy. In particular…

WHEN A CLAIMANT TRIES TO USE A REPLY TO INTRODUCE A NEW CAUSE OF ACTION: PERMISSION TO AMEND REPLY REFUSED

WHEN A CLAIMANT TRIES TO USE A REPLY TO INTRODUCE A NEW CAUSE OF ACTION: PERMISSION TO AMEND REPLY REFUSED

December 3, 2021 · by gexall · in Amendment, Applications, Members Content, Statements of Case

In Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) Deputy Master McQuail considered that parts of a Reply was an attempt to introduce a new cause of action.  The claimant was not given…

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