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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » November » 11
COST BITES 193: HOW COSTS OF £300,000 COULD HAVE BEEN AVOIDED: COURT OF APPEAL OBSERVATIONS

COST BITES 193: HOW COSTS OF £300,000 COULD HAVE BEEN AVOIDED: COURT OF APPEAL OBSERVATIONS

November 11, 2024 · by gexall · in Appeals, Costs, Members Content

The Court of Appeal judgment in Clapham & Ors v Narga [2024] EWCA Civ 1388 contains important observations about the interaction of the law of adverse possession and the Land Registration Act 2002. However, this being a blog about litigation,…

COST BITES 191: COSTS BILL REDUCED TO NIL BECAUSE OF MISCONDUCT ON ASSESSMENT: "THIS IS THE WORSE EXAMPLE OF TAMPERING WITH A FILE OF PAPERS THAT I HAVE EVER ENCOUNTERED"

COST BITES 191: COSTS BILL REDUCED TO NIL BECAUSE OF MISCONDUCT ON ASSESSMENT: “THIS IS THE WORSE EXAMPLE OF TAMPERING WITH A FILE OF PAPERS THAT I HAVE EVER ENCOUNTERED”

November 11, 2024 · by gexall · in Assessment of Costs, Conduct, Costs, Members Content

I am grateful to Simon Gibbs of GWS Costs for sending me a copy of the judgment of Costs Judge James in Kapoor -v- Johal [2024] EWHC 2853 (SCCO).  The judge made findings of serious misconduct by the receiving party…

THE COURT SHOULD HAVE GRANTED AN ADJOURNMENT: APPEAL ALLOWED WHEN NO REASONS GIVEN FOR REFUSING APPLICATION

THE COURT SHOULD HAVE GRANTED AN ADJOURNMENT: APPEAL ALLOWED WHEN NO REASONS GIVEN FOR REFUSING APPLICATION

November 11, 2024 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Members Content

In EB Pension Fund & Ors v Froggatt [2024] EWHC 2721 (Ch) Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) allowed an appeal where there had been a refusal to allow an adjournment.  He held that…

ADVOCACY THE JUDGE'S VIEW 7: WITNESS STATEMENTS "ACCURACY AND NOT LEGAL ARGUMENT IS THE KEY TO ENSURING A WITNESS STATEMENT IS AS EFFECTIVE AS IT CAN BE"

ADVOCACY THE JUDGE’S VIEW 7: WITNESS STATEMENTS “ACCURACY AND NOT LEGAL ARGUMENT IS THE KEY TO ENSURING A WITNESS STATEMENT IS AS EFFECTIVE AS IT CAN BE”

November 11, 2024 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Witness statements, Written advocacy

In terms of preparation of client’s case, and prospects of success,  witness statements  are crucial.  The rules only allow the witness to give additional evidence in exceptional circumstances.  Many cases that go to trial are, in essence, about the credibility…

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Recent Posts

  • YOU CAN’T SIMPLY WITHDRAW AN APPEAL WITHOUT PERMISSION: APPELLANT SEEKS TO WITHDRAW APPEAL & DOESN’T ATTEND – BUT THE APPEAL GOES AHEAD AND THE APPELLANT WINS …
  • PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM
  • SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…
  • THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”
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