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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » January » 19
"HYPERBOLIC COMMENT" NOT WELCOME IN LITIGATION: HIGH COURT JUDGE SENDS OUT A WARNING: PLANE LANGUAGE IS BEST...

“HYPERBOLIC COMMENT” NOT WELCOME IN LITIGATION: HIGH COURT JUDGE SENDS OUT A WARNING: PLANE LANGUAGE IS BEST…

January 19, 2023 · by gexall · in Advocacy, Civil evidence, Members Content, Witness statements, Written advocacy

In Peregrine Aviation Bravo Ltd & Ors v Laudamotion GmbH & Anor [2023] EWHC 48 (Comm) Mr Justice Henshaw was critical of “hyperbolic comment” in relation to the witness evidence.  This is not the first time that a judge has…

EVERYONE ELSE IN THE TRAIN CARRIAGE CAN HEAR YOU KNOW: THE DANGERS OF WORKING (AND TALKING) ON THE TRAIN

EVERYONE ELSE IN THE TRAIN CARRIAGE CAN HEAR YOU KNOW: THE DANGERS OF WORKING (AND TALKING) ON THE TRAIN

January 19, 2023 · by gexall · in Conduct, Members Content

Twice in the past two days lawyers have tweeted experiences of people sitting in a train carriage and openly discussing ongoing cases. “What offers are we going to make”, on both occasions.  One tweeter observed that he knew the subject…

COST BITES 49: A LAWYER WHO ACTS FOR HIMSELF HAS ... A DIFFICULT TIME GETTING PAID: SOLICITOR DEFENDANT CONFINED TO LITIGANT IN PERSON RATES

COST BITES 49: A LAWYER WHO ACTS FOR HIMSELF HAS … A DIFFICULT TIME GETTING PAID: SOLICITOR DEFENDANT CONFINED TO LITIGANT IN PERSON RATES

January 19, 2023 · by gexall · in Costs, Members Content

In Patel -v- Karmakar (12th January 2023) District Judge Lumb, sitting as a Regional Costs Judge, decided that a solicitor acting for himself in litigation could only recover the litigant in person rate.  A copy of the judgment is available…

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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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Top Posts

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)
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"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
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
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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