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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE

A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE

September 11, 2023 · by gexall · in Appeals, Damages

In Ali v HSF Logistics Polska SP ZOO [2023] EWHC 2159 (KB) Mr Justice Martin Spencer considered the question of whether there was a “targeted” defence of illegality to a claim for damages which was not as all embracing as…

BACK TO BASICS 98: COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: IT IS DANGEROUS TO ASSUME THAT THESE ARE "ADMINISTRATIVE" MATTERS

BACK TO BASICS 98: COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: IT IS DANGEROUS TO ASSUME THAT THESE ARE “ADMINISTRATIVE” MATTERS

September 11, 2023 · by gexall · in Appeals, Applications, Civil Procedure

I am grateful to barrister Justin Bates for drawing my attention to the final paragraphs of the judgment of Mr Justice Fordham in Debenham-Schon v Anchor Hanover Group [2021] EWHC 3023 (QB).   It concerns the duty of a litigant to…

COST BITES 102: NOPE, YOU'RE NOT GETTING £870 AN HOUR: CREDIT CARD RATES ARE REDUCED

COST BITES 102: NOPE, YOU’RE NOT GETTING £870 AN HOUR: CREDIT CARD RATES ARE REDUCED

September 11, 2023 · by gexall · in Assessment of Costs, Costs, Summary assessment,

In Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2023] CAT 53 the Competition Appeal Tribunal held that the hourly rates charged by both sides were too high to be recovered inter partes.  The Guideline rates still provide a guide…

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  • THE CIVIL COURTS ARE “NOT THE WILD WEST”: ATTEMPTS TO INTRODUCE NEW ARGUMENTS ON APPEAL REJECTED: SKELETON ARGUMENT SHOULD HAVE DEALT WITH POINTS THE DEFENDANT NOW WANTED TO ARGUE
  • CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE “CONTROL” OF THEIR PARTNER’S FINANCIAL DOCUMENTS
  • AN EXPERT SHOULD HAVE EXPERTISE IN THE ISSUE THEY ARE GIVING EVIDENCE ON: THEY CAN’T SIMPLY TEACH THEMSELVES FOR THE PURPOSE OF THE CASE
  • CIVIL PROCEDURE BACK TO BASICS 99: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF A WITNESS STATEMENT AND AFFIDAVIT
  • “FORENSIC SPEED DATING” IS NOT A DESIRABLE EXERCISE: PRACTITIONERS SHOULD LIMIT THE NUMBER OF AUTHORITIES CITED

Top Posts & Pages

  • CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE "CONTROL" OF THEIR PARTNER'S FINANCIAL DOCUMENTS
  • THE CIVIL COURTS ARE "NOT THE WILD WEST": ATTEMPTS TO INTRODUCE NEW ARGUMENTS ON APPEAL REJECTED: SKELETON ARGUMENT SHOULD HAVE DEALT WITH POINTS THE DEFENDANT NOW WANTED TO ARGUE
  • AN EXPERT SHOULD HAVE EXPERTISE IN THE ISSUE THEY ARE GIVING EVIDENCE ON: THEY CAN'T SIMPLY TEACH THEMSELVES FOR THE PURPOSE OF THE CASE
  • CIVIL PROCEDURE BACK TO BASICS 99: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF A WITNESS STATEMENT AND AFFIDAVIT
  • NEW FIXED COSTS RULES: WHEN IS A CASE ALLOCATED TO THE INTERMEDIATE TRACK?

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