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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » October » 16
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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  • WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? PERSONAL INJURY: WEBINAR 3rd JUNE 2026
  • THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
  • THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
  • THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)

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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