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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COURT ALLOWS CLAIMANT'S APPEAL AGAINST FINDING OF FUNDAMENTAL DISHONESTY: THE DEFENDANT SHOULD HAVE GIVEN NOTICE OF THE ISSUES AND MADE ITS CASE CLEAR

COURT ALLOWS CLAIMANT’S APPEAL AGAINST FINDING OF FUNDAMENTAL DISHONESTY: THE DEFENDANT SHOULD HAVE GIVEN NOTICE OF THE ISSUES AND MADE ITS CASE CLEAR

March 31, 2022 · by gexall · in Fundamental Dishonesty, Personal Injury

In  Jenkinson v Robertson [2022] EWHC 756 (Admin) Mr Justice Choudhury set aside a trial judge’s finding of fundamental dishonesty on the part of a claimant.  This is a judgment that highlights the need for defendants to give clear notice…

PART 18 REQUESTS SHOULD NOT BE AUTOMATIC ASPECT OF LITIGATION, NOR SHOULD THEY BE MADE AS A MATTER OF ROUTINE: HIGH COURT DECISION

PART 18 REQUESTS SHOULD NOT BE AUTOMATIC ASPECT OF LITIGATION, NOR SHOULD THEY BE MADE AS A MATTER OF ROUTINE: HIGH COURT DECISION

March 31, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure

The judgment of Richard Salter QC (sitting as a Deputy Judge of the High Court) in  Al Saud & Anor v Gibbs & Anor [2022] EWHC 706 (Comm) contains a detailed consideration of the rules and case law relating to…

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

March 30, 2022 · by gexall · in Appeals, Service of the claim form, Serving documents

In  Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 the Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the…

COURT OF APPEAL UPHOLDS AN ORDER THAT NO COSTS BE ORDERED ON AN APPEAL

COURT OF APPEAL UPHOLDS AN ORDER THAT NO COSTS BE ORDERED ON AN APPEAL

March 30, 2022 · by gexall · in Appeals, Costs, Relief from sanctions

In South Lodge Flats Limited v Malik [2022] EWCA Civ 411 the Court of Appeal upheld a decision that no order for costs be made on an appeal.  The defendants had succeeded in the appeal but required the indulgence of…

WHEN SOLICITORS APPLY TO COME OFF THE RECORD:  THE RETAINER, DISCONTINUANCE AND CASE MANAGEMENT ISSUES CONSIDERED

WHEN SOLICITORS APPLY TO COME OFF THE RECORD: THE RETAINER, DISCONTINUANCE AND CASE MANAGEMENT ISSUES CONSIDERED

March 29, 2022 · by gexall · in Applications

Judgments in relation to applications to come off the record are rare.  The issue was considered by Mr Justice Turner in Wilson & Ors v Bayer Pharma AG & Ors [2022] EWHC 670 (QB).  The judge considered the application to…

WHEN DEFENDANTS MAKE AN APPLICATION IN RELATION TO SERVICE: WHAT METHOD MUST THEY USE? IS PART 11 MANDATORY?

WHEN DEFENDANTS MAKE AN APPLICATION IN RELATION TO SERVICE: WHAT METHOD MUST THEY USE? IS PART 11 MANDATORY?

March 28, 2022 · by gexall · in Applications, Service of the claim form

We are taking a second look at the judgment of Lord Justice Nugee in Hand Held Products, Inc & Anor v Zebra Technologies Europe Ltd & Anor [2022] EWHC 640 (Ch). This time in relation to that part of the…

"LEGAL PROCEEDINGS DO NOT EXIST FOR THE PURPOSE OF PERMITTING PARTIES TO PUT IRRELEVANT MATTERS INTO THE PUBLIC DOMAIN": EVIDENCE ON BEHALF OF THE DUKE OF SUSSEX IS CURTAILED

“LEGAL PROCEEDINGS DO NOT EXIST FOR THE PURPOSE OF PERMITTING PARTIES TO PUT IRRELEVANT MATTERS INTO THE PUBLIC DOMAIN”: EVIDENCE ON BEHALF OF THE DUKE OF SUSSEX IS CURTAILED

March 28, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

In  The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 682 (Admin)  Mr Justice Swift excluded irrelevant material in witness statements and other documents.  He also refused the claimant’s request…

TWO CLAIMANTS - TWO SETS OF COSTS:  JUDGMENT ON FIXED COSTS REGIME

TWO CLAIMANTS – TWO SETS OF COSTS: JUDGMENT ON FIXED COSTS REGIME

March 25, 2022 · by gexall · in Costs, Fixed Costs

In Melloy & Anor v UK Insurance Ltd [2022] EW Misc 4 (CC) HHJ Glen decided that where there are two claimants in a fixed costs case then each claimant is entitled to a separate award of costs under Section…

SERVING THE CLAIM  FORM PROPERLY - THE DIRE PROBLEMS IF YOU DON'T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

SERVING THE CLAIM FORM PROPERLY – THE DIRE PROBLEMS IF YOU DON’T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022

March 24, 2022 · by gexall · in Avoiding negligence claims, Service of the claim form, Serving documents, Webinar

The decision of the Court of Appeal  today in The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 emphasises the need for all litigators to know,…

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: "RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS"

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”

March 24, 2022 · by gexall · in Appeals, Applications, Service of the claim form

In The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 the Court of Appeal dismissed the claimant’s appeal against a a decision not granting any relief…

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY: NOT A PLACE WHERE THIS DEFENDANT CARRIED OUT BUSINESS: SERVING THE RIGHT ZEBRA AND THE RIGHT ADDRESS

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY: NOT A PLACE WHERE THIS DEFENDANT CARRIED OUT BUSINESS: SERVING THE RIGHT ZEBRA AND THE RIGHT ADDRESS

March 24, 2022 · by gexall · in Applications, Service of the claim form

Master McCloud once wrote that it was the months of April and May that led to a seasonal crop of claim form issues in the Masters’ corridor. However, as regular readers this blog will know the season is a very…

TEXTING WHILE DRIVING AND CIVIL LIABILITY: JUDGES KNOW, YOU KNOW: "A CONCLUSION I REACH WITHOUT ENTHUSIASM BUT THE EVIDENCE IS COMPELLING"

TEXTING WHILE DRIVING AND CIVIL LIABILITY: JUDGES KNOW, YOU KNOW: “A CONCLUSION I REACH WITHOUT ENTHUSIASM BUT THE EVIDENCE IS COMPELLING”

March 23, 2022 · by gexall · in Civil evidence, Personal Injury

In HRA v KGC [2022] EWHC 650 (QB) Mr Justice Turner considered the question of liability. It is an example of a phone record playing a part in the decision that the defendant was negligent.  The judge found that the…

PROVING THINGS 227: FAILURE TO PROVE A DEBT CLAIM: "THE PROOF REQUIRED TO DEMONSTRATE THAT THE CLAIMANT IS ENTITLED TO THE SUMS WHICH IT CLAIMS IS SADLY LACKING"

PROVING THINGS 227: FAILURE TO PROVE A DEBT CLAIM: “THE PROOF REQUIRED TO DEMONSTRATE THAT THE CLAIMANT IS ENTITLED TO THE SUMS WHICH IT CLAIMS IS SADLY LACKING”

March 23, 2022 · by gexall · in Appeals, Case Management, Civil evidence, Damages

The judgment of Mr Justice Turner in Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) illustrates a failure by a claimant to prove a debt claim.  It is (yet another) object lesson that facts and evidence are needed…

ANOTHER CASE OF A JUDGMENT EMBARGO BEING BREACHED: ALL RECIPIENTS NEED TO UNDERSTAND THE IMPORTANCE AND BREADTH OF THE EMBARGO ON DRAFT JUDGMENTS

ANOTHER CASE OF A JUDGMENT EMBARGO BEING BREACHED: ALL RECIPIENTS NEED TO UNDERSTAND THE IMPORTANCE AND BREADTH OF THE EMBARGO ON DRAFT JUDGMENTS

March 23, 2022 · by gexall · in Appeals, Civil Procedure, Conduct

In The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 368 the Court of Appeal considered yet another case of breach of an embargoed judgment. There was clearly a breach (somewhere) which…

A CLAIMANT WHO OBTAINS AN ORDER UNDER SECTION 33 IS "SUCCESSFUL": COSTS, CONDUCT AND INTERIM PAYMENTS ON ACCOUNT OF COSTS CONSIDERED

A CLAIMANT WHO OBTAINS AN ORDER UNDER SECTION 33 IS “SUCCESSFUL”: COSTS, CONDUCT AND INTERIM PAYMENTS ON ACCOUNT OF COSTS CONSIDERED

March 23, 2022 · by gexall · in Conduct, Costs, Interim Payments, Limitation

In Aderounmu v Colvin (Costs) [2022] EWHC 637 (QB) Master David Cook made an order for costs in favour of a claimant who had succeeded on a preliminary issue.  A discount was made because certain aspects of the case had…

"WHY IS IT FAIR FOR ONE PARTY TO FOLLOW THE RULES, BUT THE OTHER PARTY TO IGNORE THEM": PAINTING THE OTHER PARTY IN PERJORATIVE TERMS WILL NOT ASSIST YOUR CASE

“WHY IS IT FAIR FOR ONE PARTY TO FOLLOW THE RULES, BUT THE OTHER PARTY TO IGNORE THEM”: PAINTING THE OTHER PARTY IN PERJORATIVE TERMS WILL NOT ASSIST YOUR CASE

March 22, 2022 · by gexall · in Civil evidence, Civil Procedure, Conduct, Witness statements

In WC v HC (Financial Remedies Agreements) [2022] EWFC 22 Mr Justice Peel had some stringent criticisms of the way in which a party attempted to bypass the rules on witness statement length. Also he highlighted the futility of making…

"IT IS INAPPROPRIATE FOR JUDGES THESE DAYS TO BE EMAILING ADVOCATES ASKING THEM TO UNDERTAKE TASKS AT THE WEEKEND": PART OF A JUDGMENT

“IT IS INAPPROPRIATE FOR JUDGES THESE DAYS TO BE EMAILING ADVOCATES ASKING THEM TO UNDERTAKE TASKS AT THE WEEKEND”: PART OF A JUDGMENT

March 22, 2022 · by gexall · in Civil evidence, Civil Procedure, Well being

 There is much of interest in the judgment of HHJ Carter in N (A Child) (Termination of children’s guardian) [2022] EWFC B16, a case that may well be of considerable interest to family lawyers. Here I want to concentrate on…

WEBINAR ON THE SUMMARY ASSESSMENT OF COSTS: 29th MARCH 2022

WEBINAR ON THE SUMMARY ASSESSMENT OF COSTS: 29th MARCH 2022

March 22, 2022 · by gexall · in Assessment of Costs, Costs, Summary assessment,, Webinar

On the 29th March 2022 I am presenting a webinar on the summary assessment of costs.  This takes a detailed look at the rules, practice direction and relevant guidance. Booking details are available here.  MATTERS TO BE COVERED When a…

THE INDEMNITY PRINCIPLE BITES ON A SUCCESSFUL DEFENDANT BUT NOT ON A SUCCESSFUL CLAIMANT INSURER: CLAIM £438,388.95 IN COSTS, RECOVER £1,368.75.

THE INDEMNITY PRINCIPLE BITES ON A SUCCESSFUL DEFENDANT BUT NOT ON A SUCCESSFUL CLAIMANT INSURER: CLAIM £438,388.95 IN COSTS, RECOVER £1,368.75.

March 20, 2022 · by gexall · in Assessment of Costs, Committal proceedings, Costs

Issues relating to the indemnity principle give rise to a number of issues in litigation about costs. The principles loom large in the judgment of Costs Judge Leonard in Liverpool Victoria Insurance Co Ltd v Khan & Ors [2022] EWHC…

SERVING DOCUMENTS BY EMAIL: PETITION TO MAKE IT THE PRIMARY METHOD OF SERVICE IN CIVIL PROCEEDINGS

SERVING DOCUMENTS BY EMAIL: PETITION TO MAKE IT THE PRIMARY METHOD OF SERVICE IN CIVIL PROCEEDINGS

March 18, 2022 · by gexall · in Serving documents

We have seen a large number of cases where parties have come to grief by attempting to serve by email in circumstances where the other party has not consented.  There is a petition to amend the rules. PRACTICE DIRECTION 6A…

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