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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » January » 14
CASE STRUCK OUT DUE TO CLAIMANT'S INACTIVITY: YOU CAN'T "WAREHOUSE" A COURT ACTION

CASE STRUCK OUT DUE TO CLAIMANT’S INACTIVITY: YOU CAN’T “WAREHOUSE” A COURT ACTION

January 14, 2022 · by gexall · in Abuse of Process, Applications, Members Content, Striking out

In Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm) HHJ Pearce (sitting as a High Court judge) struck out an action on the grounds of the claimant’s delay.  The case had been “warehoused” and the claimant had not adduced…

PROVING THINGS 221: THE COURT WILL NOT SPECULATE

PROVING THINGS 221: THE COURT WILL NOT SPECULATE

January 14, 2022 · by gexall · in Civil evidence, Damages, Members Content

In Hirst & Anor v Dunbar & Ors [2022] EWHC 41 (TCC)  Mr Justice Eyre highlighted the need for a claimant to prove losses, and expenditure, the court will not speculate on items relating to expenditure.   “In my judgement…

GLUTS AND BUNDLES: LOTS OF AUTHORITIES DON'T HELP: "THIS MUST NOT BE REPEATED IN ANY FUTURE COUNTY COURT TRIAL"

GLUTS AND BUNDLES: LOTS OF AUTHORITIES DON’T HELP: “THIS MUST NOT BE REPEATED IN ANY FUTURE COUNTY COURT TRIAL”

January 14, 2022 · by gexall · in Bundles, Civil Procedure, Members Content

I am sure that our eminent housing bloggers and commentators will write about the important substantive judgment in the case of Rosebery Housing Association Ltd v Williams & Anor [2021] EW Misc 22 (CC). However this blog deals with only one…

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  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG

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