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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » May » 21
JOINING A SOLICITOR INTO AN APPLICATION, WITH A THREAT OF COSTS - LED TO THE APPLICANTS PAYING £45,000 IN COSTS

JOINING A SOLICITOR INTO AN APPLICATION, WITH A THREAT OF COSTS – LED TO THE APPLICANTS PAYING £45,000 IN COSTS

May 21, 2024 · by gexall · in Applications, Avoiding negligence claims, Costs, Members Content

The case of Tonstate Group Ltd & Ors v Wojakowski & Anor [2024] EWHC 1196 (Ch) is a real world example of the dangers of joining a litigant’s firm of solicitors in an application, threatening to seek costs against them. …

PART 36 THE PAST 12 MONTHS: HOW HUGH GRANT AND THE DUKE OF SUSSEX FEATURE IN A WEBINAR ABOUT CIVIL PROCEDURE: USEFUL WATCHING IF YOU HAVE TIME TO SPARE...

PART 36 THE PAST 12 MONTHS: HOW HUGH GRANT AND THE DUKE OF SUSSEX FEATURE IN A WEBINAR ABOUT CIVIL PROCEDURE: USEFUL WATCHING IF YOU HAVE TIME TO SPARE…

May 21, 2024 · by gexall · in Civil Procedure, Members Content, Part 36, Webinar

The webinar I gave on the 13th May discussing Part 36 cases over the previous 12 months is now available on YouTube on this link.  Cases looked at include: Holden -v- Holden – were Part 36 offers valid offers? Colicci…

MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION

MAKING ALLEGATIONS OF DISHONESTY DOES NOT AUTOMATICALLY LEAD TO AN ORDER FOR INDEMNITY COSTS: BUT IT MIGHT DO: COURT OF APPEAL DECISION

May 21, 2024 · by gexall · in Appeals, Conduct, Costs, Fundamental Dishonesty, Members Content, Personal Injury

I am grateful to both Kevin Latham and Andrew Buchan for pointing out the judgment of the Court of Appeal in Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552. The court held that a judge had acted…

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"I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT": INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF "WE'LL COME INTO COURT WHEN WE WANT TO"...): I CAN'T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
REMEMBER NEW COURT FEES CAME INTO FORCE TODAY: SEE THEM HERE
WE HAD SUCH A HOPELESS CASE WE SHOULDN'T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN "AIR OF UNREALITY" ABOUT THEM
WHY PRINCE HARRY (AND OTHER PROMINENT CLAIMANTS) LOST WHEN THE JUDGE FOUND THAT THEY WERE ALL HONEST WITNESSES - BUT OTHER WITNESSES THEY CALLED PROVED TO BE "HOSTILE"
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