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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » May » 06

PART 36: JUDGES SHOULD NOT LET THEIR HEARTS RULE THEIR HEADS: CLAIMANT ACCEPTING AN OFFER LATE FACES FULL COSTS CONSEQUENCES THAT FLOW

May 6, 2022 · by gexall · in Costs, Members Content, Part 36, Personal Injury

In the judgment in MRA -v- The Education Fellowship Limited [2022] EWHC 1069 (QB). Master McCloud held that it was not unjust for the usual principles in relation to costs to apply following a claimant’s late acceptance of a defendant’s…

THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: KEY ISSUES, PROBLEM AREAS AND PRACTICAL SOLUTIONS: WEBINAR 30th JUNE 2022

THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: KEY ISSUES, PROBLEM AREAS AND PRACTICAL SOLUTIONS: WEBINAR 30th JUNE 2022

May 6, 2022 · by gexall · in Expert evidence, Experts, Members Content, Webinar

We have recently  seen a  case where a party disallowed from using an expert due to conduct at the joint meeting of experts stage. The meeting of experts is now a key stage in much major litigation.  Knowledge of the…

PART 36 BENEFITS PAID TO A SUCCESSFUL CLAIMANT: THE ISSUES CONSIDERED: IT WAS NOT UNJUST FOR THE USUAL PART 36 CONSEQUENCES TO APPLY

May 6, 2022 · by gexall · in Applications, Costs, Members Content, Part 36

We are returning to the judgment in Ashford Borough Council & Anor v Wilson [2022] EWHC 988 (QB) Darryl Allen QC, sitting as a High Court judge.  The earlier post looked at the issue of whether the defendant was bound by…

A DEFENDANT WAS BOUND BY THE TERMS OF AN ORDER AGREED BY THEIR COUNSEL: THE DEAL WAS DONE

A DEFENDANT WAS BOUND BY THE TERMS OF AN ORDER AGREED BY THEIR COUNSEL: THE DEAL WAS DONE

May 6, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

In Ashford Borough Council & Anor v Wilson [2022] EWHC 988 (QB) Darryl Allen QC, sitting as a High Court judge, found that a defendant was bound by the terms of an order drawn up with the agreement of their…

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Recent Posts

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  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
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COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
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EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS...
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