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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » May » 22
THE KING'S BENCH DIVISION GUIDE: THE NEW BITS (2): NAVIGATING THE PDF (OR NOT QUITE PRACTISING WHAT IS BEING PREACHED...))

THE KING’S BENCH DIVISION GUIDE: THE NEW BITS (2): NAVIGATING THE PDF (OR NOT QUITE PRACTISING WHAT IS BEING PREACHED…))

May 22, 2023 · by gexall · in Bundles, Members Content, Useful links

One interesting thing about the new King’s Bench Division Guide is the anomaly that the page numbers it refers to in the index are not the page numbers on the PDF copy. Basically you have to add 12 to the…

WITNESS CREDIBILITY:"BLAMING LEGAL ADVISERS FOR LEGAL DOCUMENTATION": A CASE IN POINT

WITNESS CREDIBILITY:”BLAMING LEGAL ADVISERS FOR LEGAL DOCUMENTATION”: A CASE IN POINT

May 22, 2023 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Uncategorized, Witness statements

The judgment of HHJ Richard Williams (sitting as a High Court Judge) in Rancom Security Ltd v Girling & Ors [2023] EWHC 1115 (Ch) provides an interesting example of the assessment of witness credibility.  It also highlights the point that…

COST BITES 83: DEFENDANT SERVING BUDGET LATE SCRAPES HOME IN A "BORDERLINE" CASE

COST BITES 83: DEFENDANT SERVING BUDGET LATE SCRAPES HOME IN A “BORDERLINE” CASE

May 22, 2023 · by gexall · in Applications, Costs, Costs budgeting, Extensions of time, Members Content, Relief from sanctions

In  K/S Mountain Invest v Ducat Maritime Ltd [2023] EWHC 939 (Comm) HHJ Keyser KC (sitting as a High Court Judge) granted the defendant relief from sanctions following the late filing of its costs budget.  The defendant was, perhaps, fortunate….

THE KING'S BENCH DIVISION GUIDE: THE NEW BITS (1): LAWYERS STAY OUT OF THE MEETING OF EXPERTS

THE KING’S BENCH DIVISION GUIDE: THE NEW BITS (1): LAWYERS STAY OUT OF THE MEETING OF EXPERTS

May 22, 2023 · by gexall · in Civil evidence, Civil Procedure, Conduct, Expert evidence, Experts, Members Content

A new edition of the King’s Bench Division Guide was published last week (although it is dated March 2023).  I will take a short look at the major changes. Firstly looking at a new passage in relation to the instruction…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
YOU CAN'T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN'T ATTEND - BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS ...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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