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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » April » 05
LEADING COUNSEL MAY HAVE BEEN IN CONTEMPT OF COURT: "LAWYERS INVOLVED IN CASES OF THIS KIND HAVE A PROFESSIONAL RESPONSIBILITY TO INFORM THEMSELVES ABOUT THE RULES AND ABIDE BY THEM"

LEADING COUNSEL MAY HAVE BEEN IN CONTEMPT OF COURT: “LAWYERS INVOLVED IN CASES OF THIS KIND HAVE A PROFESSIONAL RESPONSIBILITY TO INFORM THEMSELVES ABOUT THE RULES AND ABIDE BY THEM”

April 5, 2022 · by gexall · in Appeals, Civil Procedure, Members Content

There has been a number of judgments recently concerning the disclosure of embargoed judgments. The Court of Appeal decision in   Griffiths  v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent)  [2022] EWCA Civ 465…

IF YOU WANT HOURLY RATES HIGHER THAN THE GUIDELINE FIGURES YOU HAVE TO PROVIDE "A CLEAR AND COMPELLING JUSTIFICATION": COURT OF APPEAL DECISION  TODAY

IF YOU WANT HOURLY RATES HIGHER THAN THE GUIDELINE FIGURES YOU HAVE TO PROVIDE “A CLEAR AND COMPELLING JUSTIFICATION”: COURT OF APPEAL DECISION TODAY

April 5, 2022 · by gexall · in Appeals, Costs, Members Content

In  Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 the Court of Appeal sent out a clear message that if a party wants hourly rates outside the guideline rates then…

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT

April 5, 2022 · by gexall · in Applications, Avoiding negligence claims, Members Content, Service of the claim form, Serving documents, Webinar

We have another case falling foul of the provisions in relation to service. In Allen v Mittal [2022] EWHC 762 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC rejected an applicant’s arguments that an application had been served properly. …

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A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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