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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"UNNECESSARILY ARGUMENTATIVE OR WASTEFUL CORRESPONDENCE" NOT COUNTENANCED IN COSTS BUDGETING: "IT TAKES TWO TO TANGO"

“UNNECESSARILY ARGUMENTATIVE OR WASTEFUL CORRESPONDENCE” NOT COUNTENANCED IN COSTS BUDGETING: “IT TAKES TWO TO TANGO”

July 22, 2024 · by gexall · in Assessment of Costs, Conduct, Costs, Costs budgeting, Members Content

The post earlier this morning on “intemperate” comments in court documents and correspondence reminded me that I meant to highlight a particular aspect of the  judgment in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB).   The judgment highlights that unnecessarily argumentative…

WRITING INFLAMMATORY THINGS IN COURT DOCUMENTS AND CORRESPONDENCE: IT NEVER, EVER, HELPS

WRITING INFLAMMATORY THINGS IN COURT DOCUMENTS AND CORRESPONDENCE: IT NEVER, EVER, HELPS

July 22, 2024 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content

We are looking at the judgment of HHJ Edward Hess in  TM v KM [2022] EWFC 155 for two reasons: firstly the costs involved; secondly the judge’s observations about the unattractiveness of putting personal pejorative remarks in court documents.   There…

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