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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » July » 12
A COURT ORDER IS A SERIOUS, NOT TRIVIAL, MATTER: A PARTY IN BREACH CANNOT ACT AS IF THE ORDER HAD NEVER BEEN MADE: "THAT SHIP HAS SAILED".

A COURT ORDER IS A SERIOUS, NOT TRIVIAL, MATTER: A PARTY IN BREACH CANNOT ACT AS IF THE ORDER HAD NEVER BEEN MADE: “THAT SHIP HAS SAILED”.

July 12, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

One of the most imprudent things to do in litigation is to let a court order be made, not comply and then respond by arguing that the order should never have been made anyway.  We see an example of this…

THE AUTOMATIC STAY AND RELIEF FROM SANCTIONS: AN ISSUE "DESTINED TO LIVE OUT ITS LITIGATION LIFE IN A LIMBO OF OBITER OBSERVATIONS"

THE AUTOMATIC STAY AND RELIEF FROM SANCTIONS: AN ISSUE “DESTINED TO LIVE OUT ITS LITIGATION LIFE IN A LIMBO OF OBITER OBSERVATIONS”

July 12, 2022 · by gexall · in Civil Procedure, Members Content, Relief from sanctions

The judgment of Mr Justice Foxton in Bank of America Europe DAC v CITTA Metropolitana Di Milano [2022] EWHC 1544 (Comm) serves of a salutary reminder (to some) of the existence of the automatic stay in civil proceedings.   A claimant…

NINE YEARS ON IX: 2022: EXPERTS, STRIDENT LANGUAGE AND THE DUTY OWED TO THE COURT

NINE YEARS ON IX: 2022: EXPERTS, STRIDENT LANGUAGE AND THE DUTY OWED TO THE COURT

July 12, 2022 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In the final post of this series I have chosen a post from January 2022.  There are many common themes on this blog: relief from sanctions; service of the claim form; Part 36; witness statements, among them. However it is…

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Recent Posts

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  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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