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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » November » 20
COST BITES 121: SUMMARY ASSESSMENT OF COSTS: "TO AWARD A LOWER FIGURE JUST BECAUSE REDUCTIONS ARE OFTEN MADE WOULD BE WRONG"

COST BITES 121: SUMMARY ASSESSMENT OF COSTS: “TO AWARD A LOWER FIGURE JUST BECAUSE REDUCTIONS ARE OFTEN MADE WOULD BE WRONG”

November 20, 2023 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,

One of the aims of the “Costs Bites” series is to look at those, apparently small, aspects of cases that have a major impact on the client.   Short passages in a judgment can have a major impact on whether a…

THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A "NEW POINT" TO BE TAKEN ON APPEAL: DON'T FORGET PLEADINGS ARE STILL IMPORTANT...

THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…

November 20, 2023 · by gexall · in Appeals, Members Content, Statements of Case

In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal.  The matter upon which the…

WHY DIDN’T YOU TELL ME THAT BEFORE WE WENT INTO COURT? THINGS LAWYERS LEARN HALF WAY THROUGH A TRIAL: A REPOST

November 20, 2023 · by gexall · in Civil evidence, Members Content

The repost last  week of a case where key facts came to light on the third day of a trial led me another post on the topic which is worth revisiting. After the first post was written I asked lawyers if…

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Recent Posts

  • THE REPLY: THE THEME OF THE DAY: SIX USEFUL CHECKLISTS: MAKING SURE YOUR PLEADING DOESN’T FAIL THE BASIC TESTS
  • DRAFTING A DEFENCE TO COUNTERCLAIM: SOME IMPORTANT POINTS: YOU HAVE TO COMPLY WITH CPR 16 AND DO IT FULLY AND PROPERLY
  • DRAFTING A REPLY: WHAT IT SHOULD CONTAIN AND WHAT IT SHOULD NOT: THE KEY ISSUES CONSIDERED
  • BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM
  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)

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COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
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