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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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THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022

THE COSTS JUDGE OVER YOUR SHOULDER: THINKING ABOUT DETAILED ASSESSMENT OF COSTS FROM THE OUTSET: WEBINAR 20th JULY 2022

May 23, 2022 · by gexall · in Assessment of Costs, Costs, Webinar

The assessment of costs is a crucial stage in litigation. Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties.  Relatively few litigators have experience of attending a…

"THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE": RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE'S FINDINGS OF FACT FAILED

“THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE”: RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE’S FINDINGS OF FACT FAILED

May 23, 2022 · by gexall · in Appeals, Civil evidence, Relief from sanctions

In Premier Experts London Ltd -v- Rajwani [2022] EWHC 1188 (QB) Sir Andrew Nicol refused the defendant’s application for permission to appeal.  Relief was granted when new evidence was served late, however that evidence failed to satisfy the Ladd -v-…

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  • FAILURE TO COMPLY WITH PROTOCOL LEADS TO COSTS OF A MEDICAL REPORT NOT BEING RECOVERED
  • A CLIENT DOES NOT OWE A “DUTY OF GOOD FAITH” TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
  • A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON
  • PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: “PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY”
  • AN APPLICATION FOR COMMITTAL THAT WAS “WHOLLY FRIVOLOUS” AND “BORDERS ON VEXATIOUS”: CLAIMANT NOW REQUIRES PERMISSION TO BRING SIMILAR COMMITTAL PROCEEDINGS…

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  • FAILURE TO COMPLY WITH PROTOCOL LEADS TO COSTS OF A MEDICAL REPORT NOT BEING RECOVERED
  • A CLIENT DOES NOT OWE A "DUTY OF GOOD FAITH" TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
  • THE USE OF A SECOND REPORT IN THE LOW VALUE ROAD TRAFFIC PROTOCOL: FAILURE TO DISCLOSE FIRST REPORT TO THE DEFENDANT DID NOT LEAD TO MEDICAL EVIDENCE BEING EXCLUDED
  • PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: "PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY"
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