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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » February » 21
COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR'S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

COURT REFUSES TO SET ASIDE JUDGMENT IN RELATION TO SOLICITOR’S COSTS: SERVICE AT AN ADDRESS IN THE REGISTER IS THE PRICE OF BEING A DIRECTOR

February 21, 2022 · by gexall · in Members Content, Service of the claim form, Setting aside judgment

In Farrer & Co LLP v Meyer [2022] EWHC 362 (QB) Mr Justice Kerr refused to set aside a long-standing judgment on a bill for solicitor’s costs.  The judgment also considered the importance of s.1140 of the Companies Act 2006….

COSTS, FATAL ACCIDENTS: THE DUTY TO INFORM THE CLIENT OF "UNUSUAL COSTS" AND WHEN THE BUDGET IS BEING EXCEEDED

COSTS, FATAL ACCIDENTS: THE DUTY TO INFORM THE CLIENT OF “UNUSUAL COSTS” AND WHEN THE BUDGET IS BEING EXCEEDED

February 21, 2022 · by gexall · in Assessment of Costs, Costs, Fatal Accidents, Members Content

The judgment of Senior Costs Judge Gordon-Saker in ST v ZY [2022] EWHC B5 (Costs) highlights many problem areas in relation to fatal accident litigation and the assessment of costs.  In particular it is prudent to take early steps to…

COURT OF APPEAL ALLOWED APPEAL BECAUSE OF PROCEDURAL UNFAIRNESS: INADEQUATE WITNESS STATEMENTS SHOULD NOT BE SUPPLEMENTED BY ADDITIONAL QUESTIONING: THE RIGHT TO CROSS-EXAMINE IS FUNDAMENTAL TO A FAIR HEARING

COURT OF APPEAL ALLOWED APPEAL BECAUSE OF PROCEDURAL UNFAIRNESS: INADEQUATE WITNESS STATEMENTS SHOULD NOT BE SUPPLEMENTED BY ADDITIONAL QUESTIONING: THE RIGHT TO CROSS-EXAMINE IS FUNDAMENTAL TO A FAIR HEARING

February 21, 2022 · by gexall · in Appeals, Civil evidence, Members Content, Witness statements

In Rea & Ors v Rea [2022] EWCA Civ 195 the Court of Appeal (hearing a 2nd tier appeal) overturned a decision of the trial judge and ordered a re-trial when the appellants had not been given an opportunity to…

Children and liability: Law, practice and procedure: WEBINAR 22nd FEBRUARY 2022

Children and liability: Law, practice and procedure: WEBINAR 22nd FEBRUARY 2022

February 21, 2022 · by gexall · in Members Content, Personal Injury, Webinar

This webinar looks at the law and practice relating to children as claimants and defendants.  It also looks at those cases where allegations are made against those who had care of the children and vicarious liability for the acts of…

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  • COST BITES 440: WHY INDEMNITY COSTS WERE ORDERED A LOOK AT THE CLAIMANTS’ PLEADED CASE: FIRSTLY IT WAS PLEADED TOO WIDELY, SECONDLY THERE WERE THEN ATTEMPTS TO PUT THE CASE OUTSIDE THE PLEADINGS
  • CIVIL LITIGATION BRIEF WEBINARS COMING UP LATER THIS YEAR: A NEW DISCOUNT CODE
  • COST BITES 439 : IS THE EXISTENCE OF A COSTS BUDGET A REASON NOT TO AWARD INDEMNITY COSTS ?
  • BACK TO BASICS MONDAY: RELIEF FROM SANCTIONS: THE RELEVANCE OF THE CLIENTS BEING SOLELY AT FAULT: SOME DIFFICULT ISSUES TO TACKLE
  • COST BITES 438 : CLAIMANT’S UNTENABLE ARGUMENTS LEADS TO REDUCTION IN COSTS RECOVERED: HOURLY RATES FAR TOO HIGH, EVEN WHEN THE CLAIM WAS “ONLY” FOR £9 MILLION

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