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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

  • COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
  • AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
  • AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
  • EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)
  • BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

Top Posts

  • A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE...
  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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