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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM": COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS

“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS

November 21, 2023 · by gexall · in Members Content, Statements of Case

There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…

COSTS OF £50,000 ORDERED TO BE PAID BY LITIGATION FRIEND: "HE WILLINGLY TOOK ON THE ROLE OF LITIGATION FRIEND AND HIS PERFORMANCE HAS BEEN WHOLLY INADEQUATE"

COSTS OF £50,000 ORDERED TO BE PAID BY LITIGATION FRIEND: “HE WILLINGLY TOOK ON THE ROLE OF LITIGATION FRIEND AND HIS PERFORMANCE HAS BEEN WHOLLY INADEQUATE”

November 21, 2023 · by gexall · in Civil evidence, Civil Procedure, Costs, Members Content, Uncategorized

In Y v Z [2023] EWFC 205 HHJ Edward Hess ordered that the litigation friend for the respondent pay, personally, the applicant’s costs caused by the need to adjourn a hearing.  The respondent had not prepared at all for the…

COST BITES 122: THE APPROPRIATE ORDER FOR COSTS WHEN BOTH SIDES "WIN" AND BOTH SIDES "LOSE": THE IMPORTANCE OF THE COSTS BUDGET

COST BITES 122: THE APPROPRIATE ORDER FOR COSTS WHEN BOTH SIDES “WIN” AND BOTH SIDES “LOSE”: THE IMPORTANCE OF THE COSTS BUDGET

November 21, 2023 · by gexall · in Conduct, Costs, Costs budgeting, Members Content

We are returning to an examination of costs orders made and their practical implications for the client.  In Aymes International Ltd v Nutrition4u BV & Ors [2023] EWHC 2672 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered…

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