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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » March » 22
COST BITES 136: COSTS JUDGE WAS RIGHT NOT TO ALLOW COSTS OF LEADING COUNSEL: DECISION UPHELD ON APPEAL

COST BITES 136: COSTS JUDGE WAS RIGHT NOT TO ALLOW COSTS OF LEADING COUNSEL: DECISION UPHELD ON APPEAL

March 22, 2024 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content

In Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) Mrs Justice Yip, sitting with Costs Judge Nagalingam, upheld a decision not to award the costs of leading counsel on assessment of costs. “That is not to say…

THE VEXED QUESTION OF WITNESS STATEMENTS WHEN THE MAKER CANNOT SPEAK ENGLISH: LEADS TO MAJOR PROBLEMS AND A WASTED COSTS ORDER

THE VEXED QUESTION OF WITNESS STATEMENTS WHEN THE MAKER CANNOT SPEAK ENGLISH: LEADS TO MAJOR PROBLEMS AND A WASTED COSTS ORDER

March 22, 2024 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content, Witness statements

We are going to be looking twice at the decision of Mr Justice Martin Spencer in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB). The next post will look at procedure in…

ISSUES OF CONTRIBUTORY NEGLIGENCE: ONE BAD DECISION, NOT THREE POOR ONES

ISSUES OF CONTRIBUTORY NEGLIGENCE: ONE BAD DECISION, NOT THREE POOR ONES

March 22, 2024 · by gexall · in Members Content, Personal Injury, Webinar

There is an interesting discussion on the principles of contributory negligence in the judgment of HHJ Keyser KC in Owens v Lewis [2024] EWHC 609 (KB).   “(1) Where any person suffers damage as the result partly of his own…

Understanding the law relating to fatal accidents: The essential points: Webinar 25th March 2024

Understanding the law relating to fatal accidents: The essential points: Webinar 25th March 2024

March 22, 2024 · by gexall · in Fatal Accidents, Members Content, Webinar

This webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought.  Booking details are available here.     THE WEBINAR It covers:- The basic principles of…

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Recent Posts

  • MAZUR MATTERS 64: THE COURT REJECTS WOULD BE APPELLANT’S ARGUMENT THAT A CLAIMANT’S REPRESENTATIVE HAD NO RIGHT OF AUDIENCE
  • THE CURRENT IMPORTANCE OF PLEADINGS 86: DEFENDANT REFUSED PERMISSION TO AMEND DEFENCE ON THE MORNING OF TRIAL
  • THROWBACK FRIDAY: THE DEFENDANT IS NOT THE CLAIMANT’S KEEPER: ANOTHER CASE WHERE (MIS) SERVICE OF THE CLAIM FORM LED TO GRIEF
  • CALCULATORS FOR LAWYERS: A CALCULATOR “SUITE” BUILT BY A WORKING BARRISTER: 14 DAYS FREE TRIAL
  • COST BITES 411: NON-PARTY COSTS ORDER MADE AGAINST CLAIMANT’S DIRECTOR : HE WHO EXPECTS TO BENEFIT RUNS A RISK OF PAYING THE COSTS…

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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