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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » January » 18
IS THE PEN MIGHTIER THAN THE SWORD? WHAT IS THE BEST ADVICE ON COSTS YOU CAN GIVE TO A YOUNG LAWYER?  WIN A PEN - WITH HISTORY BEHIND IT

IS THE PEN MIGHTIER THAN THE SWORD? WHAT IS THE BEST ADVICE ON COSTS YOU CAN GIVE TO A YOUNG LAWYER? WIN A PEN – WITH HISTORY BEHIND IT

January 18, 2023 · by gexall · in Contest, Charity,, Costs, Members Content

What single piece of Advice on costs would you give to a young lawyer?  What would help them throughout their career?  I would be interested to know and, thanks to the generosity of David Bentley at Wig and Pens, I…

PROVING THINGS 246: WHEN THE WITNESS EVIDENCE MATCHES NEITHER THE PLEADINGS NOR THE CONTEMPORARY RECORDS

PROVING THINGS 246: WHEN THE WITNESS EVIDENCE MATCHES NEITHER THE PLEADINGS NOR THE CONTEMPORARY RECORDS

January 18, 2023 · by gexall · in Appeals, Civil evidence, Members Content, Statements of Truth, Witness statements

We are looking again at the judgment in Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 from a slightly different stance. The appeal was about QOCS and setting aside a notice of discontinuance. However the process that led…

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

COURT OF APPEAL DECISION: DEFENDANT SHOULD NOT HAVE BEEN GRANTED PERMISSION TO SET ASIDE NOTICE OF DISCONTINUANCE: DEFENDANT WOULD NOT HAVE BEEN ABLE TO STRIKE OUT THE CLAIM

January 18, 2023 · by gexall · in Appeals, Civil Procedure, Members Content, QOCS

In  Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 the Court of Appeal rejected the defendant’s appeal, which was an attempt to subvert the principles of Qualified One Way Costs Shifting (“QOCS”).  The claimant discontinued the action…

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