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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » January » 11
SHOULD A RESPONDENT RECEIVE HIS COSTS FOR BEING SENT TO PRISON? JUDGE CONSIDERS ISSUES AFTER CONTEMPT OF COURT HEARING

SHOULD A RESPONDENT RECEIVE HIS COSTS FOR BEING SENT TO PRISON? JUDGE CONSIDERS ISSUES AFTER CONTEMPT OF COURT HEARING

January 11, 2022 · by gexall · in Committal proceedings, Conduct, Costs, Members Content

In  Kea Investments Ltd v Watson [2022] EWHC 5 (Ch) Lord Justice Nugee considered the question of what costs order should be made after a respondent had been committed to prison for contempt. The applicant had succeeded on some, but…

DOMESTIC BUILDING LITIGATION AND PREVENTING FINANCIAL DISASTER: SUGGESTIONS FROM THE CIRCUIT BENCH

DOMESTIC BUILDING LITIGATION AND PREVENTING FINANCIAL DISASTER: SUGGESTIONS FROM THE CIRCUIT BENCH

January 11, 2022 · by gexall · in Civil Procedure, Costs, Costs budgeting, Members Content

In The Sky’s the Limit Transformations Ltd v Mirza [2022] EWHC 29 (TCC) HHJ Stephen Davies makes a number of suggestions designed to mitigate the potentially ruinous costs of litigation in relation to domestic building disputes. ” … it would…

AN EXAMPLE OF A TRIAL WITH VULNERABLE WITNESSES: EACH WITNESS GIVEN A CLEAR ALLOCATED TIME TO GIVE THEIR EVIDENCE

January 11, 2022 · by gexall · in Case Management, Civil Procedure, Members Content

This blog has looked, several times, at the judgment of Mr Justice Johnson in  TVZ & Ors v Manchester City Football Club [2022] EWHC 7 (QB). It is also worth looking at for the explanation the judge gives as to the steps…

“EACH OF THE CLAIMANTS’ STATEMENTS TENDED TO TAKE THE FORM OF A STANDARD TEMPLATE”: THE PERILS OF IDENTICAL EVIDENCE

January 11, 2022 · by gexall · in Civil evidence, Members Content, Witness statements

It may say a lot about contemporary litigation that the practice of numerous witnesses producing near identical witness statements is so common that I almost decided not to write about it.  The practice was considered  by HHJ Judge Hodge QC…

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  • PROVING THINGS 297 : THE COURT OF APPEAL OVERTURNED A FINDING THAT A SOLICITOR WAS DISHONEST: RECKLESSNESS AND CUTTING CORNERS ARE NOT THE SAME AS DISHONESTY
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT… APPLYING FOR PERMISSION TO RELY ON EXPERT EVIDENCE ? A GUIDE FOR APPLICANTS: 10 KEY POINTS WITH USEFUL LINKS
  • COST BITES 460: THE FACT THAT A DEFENDANT LOST ON A COUNTERCLAIM DID NOT PREVENT THE COURT FROM ORDERING THE CLAIMANT TO PAY 70% OF THEIR COSTS: ORDER UPHELD ON APPEAL TO THE HIGH COURT

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