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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 186: "MY CASE WAS SO HOPELESS I SHOULDN'T HAVE TO PAY YOUR COSTS": NOT A WHOLLY ATTRACTIVE ARGUMENT

COST BITES 186: “MY CASE WAS SO HOPELESS I SHOULDN’T HAVE TO PAY YOUR COSTS”: NOT A WHOLLY ATTRACTIVE ARGUMENT

October 16, 2024 · by gexall · in Appeals, Conduct, Costs, Members Content

In Mainwaring v Bailey [2024] EWHC 2614 (Fam) Mr Justice Henke ordered an unsuccessful appellant to pay the respondent’s costs.  He rejected the appellant’s argument that his appeal was so evidently hopeless that the respondent should not have responded.   He…

THINGS THAT LAWYERS DO TO ANNOY JUDGES: THE START OF A SERIES OF "REPEATS" (1)

THINGS THAT LAWYERS DO TO ANNOY JUDGES: THE START OF A SERIES OF “REPEATS” (1)

October 16, 2024 · by gexall · in Civil evidence, Civil Procedure, Members Content, Useful links, Written advocacy

Regular readers of this blog will be familiar with the judgment of Mr Justice Joseph W. Quinn  He has been blunt in his assessment of witness credibility in some reported cases. He is equally blunt in his assessment of lawyers…

THE COURT'S POWERS IN RELATION TO ORDERING MEDIATION: A SUMMARY: AND A WEBINAR  ON MEDIATION OF PARTICULAR USE TO HOUSING LAWYERS

THE COURT’S POWERS IN RELATION TO ORDERING MEDIATION: A SUMMARY: AND A WEBINAR ON MEDIATION OF PARTICULAR USE TO HOUSING LAWYERS

October 16, 2024 · by gexall · in Access to justice, Costs, Mediation, Mediation & ADR, Members Content, Rule Changes, Webinar

The Civil Procedure Rules were amended on the 1st of this month to make it clear that the court can compel the parties to engage in alternative dispute resolution.  Here we look at the changes.  There is a webinar on…

ANOTHER CASE ABOUT THE LIMITS OF FUNDAMENTAL DISHONESTY: s.57 DOES NOT APPLY TO A CLAIM FOR FALSE IMPRISONMENT

ANOTHER CASE ABOUT THE LIMITS OF FUNDAMENTAL DISHONESTY: s.57 DOES NOT APPLY TO A CLAIM FOR FALSE IMPRISONMENT

October 16, 2024 · by gexall · in Damages, Fundamental Dishonesty, Members Content, Personal Injury

In  Andrew Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 (KB) Mr Justice Sheldon found that a claim for false imprisonment was not a claim for damages for personal injury.  A false imprisonment claim, therefore, was not subject to the…

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Recent Posts

  • DOES AN APPLICATION TO STRIKE OUT AMOUNT TO A “STEP IN THE ACTION” SO THAT AN ARBITRATION CLAUSE IS DISPLACED? AN IMPORTANT QUESTION CONSIDERED ON APPEAL
  • WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
  • CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE…
  • THE CURRENT IMPORTANCE OF PLEADINGS 95: THE DEFENDANT’S ARGUMENT THAT THE JUDGE HAD AWARDED THE CLAIMANTS MORE THAN THEIR PLEADED CASE
  • EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE

Top Posts

COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
CHANGES COMING INTO FORCE ON THE 1ST OCTOBER 2026: HOUSING LAWYERS BE AWARE...
PROPORTIONALITY IN LITIGATION (1): A TEN POINT GUIDE FOR CIVIL LITIGATORS: A REVIEW OF CASE LAW AND POSTS OVER THE PAST 13 YEARS

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