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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"SUBSTANTIAL INJUSTICE" AND FUNDAMENTAL DISHONESTY: WE'LL KNOW IT WHEN WE SEE IT BUT WE DON'T SEE IT HERE: JUDGE'S DECISION NOT TO IMPOSE USUAL PENALTIES OVERTURNED ON APPEAL

“SUBSTANTIAL INJUSTICE” AND FUNDAMENTAL DISHONESTY: WE’LL KNOW IT WHEN WE SEE IT BUT WE DON’T SEE IT HERE: JUDGE’S DECISION NOT TO IMPOSE USUAL PENALTIES OVERTURNED ON APPEAL

June 20, 2022 · by gexall · in Appeals, Fundamental Dishonesty, Members Content, Personal Injury, Uncategorized

In Woodger v Hallas [2022] EWHC 1561 (QB) Mr Justice Julian Knowles overturned a decision of the Circuit Judge that the usual principles of a finding of fundamental dishonesty should not apply to the claimant.  The judgment involves a consideration…

COSTS, INTEREST ON COSTS AND COSTS ON COSTS: SEE HOW THEY GROW: £65,000 BECOMES £185,000

COSTS, INTEREST ON COSTS AND COSTS ON COSTS: SEE HOW THEY GROW: £65,000 BECOMES £185,000

June 20, 2022 · by gexall · in Costs, Members Content

There is a short passage in the judgment of HHJ Paul Matthews (sitting as a High Court Judge) in  Blacklion Law LLP v Amira Nature Foods Ltd & Anor [2022] EWHC 1500 (Ch) that shows one of the dangers of…

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

THINGS TO THINK ABOUT WHEN SIGNING A DOCUMENT ON BEHALF OF A CLIENT: A FEW CASES CONSIDERED

June 20, 2022 · by gexall · in Avoiding negligence claims, Civil Procedure, Members Content, Witness statements

It is also useful to issue periodic reminders of the dangers that are involved when a solicitor signs a document on behalf of their client. Here we look at several cases and the rules themselves.   The observations of the…

VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING

VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING

June 20, 2022 · by gexall · in Admissions, Applications, Members Content, Statements of Case

I am grateful to John De Waal QC for pointing out the procedural aspects of the judgment of Mr Justice Edwin Johnson in Valley View Health Centre (a firm) & Ors v NHS Property Services Ltd [2022] EWHC 1393 (Ch)….

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  • CIVIL EVIDENCE: “BARE ASSERTIONS” ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL “VAGUE AND UNPARTICULARISED” EVIDENCE
  • A REMINDER – DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • AN “EXTERNAL” REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

Top Posts

  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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