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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 185: VARYING THE AMOUNT PAYABLE AFTER A CLAIMANT DISCONTINUES:  THE COURT CAN TAKE INTO ACCOUNT PRE-DISCONTINUANCE CONDUCT

COST BITES 185: VARYING THE AMOUNT PAYABLE AFTER A CLAIMANT DISCONTINUES: THE COURT CAN TAKE INTO ACCOUNT PRE-DISCONTINUANCE CONDUCT

October 14, 2024 · by gexall · in Applications, Conduct, Costs, Members Content

In her very last judgment in the case of Elphicke v Times Media Ltd [2024] EWHC 2595 (KB) Master McCloud considered the question of whether it is possible for a court to take into account pre-discontinuance conduct when considering whether…

KEEPING WORKERS SAFE: THE EMPLOYER'S DUTY TO PREVENT ASSAULTS AT WORK: THE PRACTICAL ISSUES FOR THOSE BRINGING CLAIMS: WEBINAR 24th OCTOBER 2024

KEEPING WORKERS SAFE: THE EMPLOYER’S DUTY TO PREVENT ASSAULTS AT WORK: THE PRACTICAL ISSUES FOR THOSE BRINGING CLAIMS: WEBINAR 24th OCTOBER 2024

October 14, 2024 · by gexall · in Members Content, Personal Injury, Webinar

The Health and Safety Executive website reports that there were were 649,000 incidents of violence at work in 2022/23 and that 292,000 adults experienced violence at work in the same period.  41% of the assaults resulted in actual injury.  The…

FIXED RECOVERABLE COSTS CONFERENCE: 8th NOVEMBER 2024 - READ ALL ABOUT IT...

FIXED RECOVERABLE COSTS CONFERENCE: 8th NOVEMBER 2024 – READ ALL ABOUT IT…

October 14, 2024 · by gexall · in Costs, Fatal Accidents, Fixed Costs, Members Content

On the 8th November I am speaking at the Fixed Recoverable Costs Conference in London.  The conference covers numerous aspects of fixed recoverable costs. (I am speaking on fixed costs, fatal cases and the costs of attending an inquest). Booking…

SENIOR MASTER COOK'S GUIDANCE ON COST MANAGEMENT HEARINGS: A PIECE BY PIECE GUIDE (1): THE GENERAL APPROACH AND HOURLY RATES

SENIOR MASTER COOK’S GUIDANCE ON COST MANAGEMENT HEARINGS: A PIECE BY PIECE GUIDE (1): THE GENERAL APPROACH AND HOURLY RATES

October 14, 2024 · by gexall · in Costs, Costs budgeting, Members Content

Senior Master Cook published the Kings Bench Masters Cost Management Hearings Guidance Note on the 26th September. I am going  through this on a topic by topic guide.  Here we look at the general approach to budgeting and hourly rates. …

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  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
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  • COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…
  • INTEREST ON DAMAGES: (1) GENERALLY; (2) AFTER THE DEFENDANT FAILS TO BEAT A PART 36 OFFER: THERE IS NO NEED TO FIND DISHONESTY OR SERIOUS CONDUCT TO AWARD ENHANCED INTEREST
  • WITNESS EVIDENCE WEDNESDAY: RED FLAGS AND WITNESS STATEMENTS (1): THE WITNESS THAT GIVES THE COURT THEIR OPINION

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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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