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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » March » 10
COST BITES 221: A FAILURE TO AGREE TO MEDIATE DID NOT LEAD TO A REDUCTION IN A SUCCESSFUL DEFENDANT'S COSTS

COST BITES 221: A FAILURE TO AGREE TO MEDIATE DID NOT LEAD TO A REDUCTION IN A SUCCESSFUL DEFENDANT’S COSTS

March 10, 2025 · by gexall · in Conduct, Costs, Mediation, Mediation & ADR, Members Content

In Assensus Ltd v Wirsol Energy Ltd (Re Consequential Matters) [2025] EWHC 503 (KB) Mr Justice Constable rejected the claimant’s argument that the successful defendant’s refusal to attend mediation should lead to a reduction in the defendant’s costs.  The case…

IT WOULD BE AN "AFFRONT TO JUSTICE" TO ALLOW THE CLAIMANT'S CLAIM TO SUCCEED: "LIES IN THE COURSE OF LITIGATION ARE OFFENSIVE TO THE COURT": SOME VERY UNCLEAN HANDS...

IT WOULD BE AN “AFFRONT TO JUSTICE” TO ALLOW THE CLAIMANT’S CLAIM TO SUCCEED: “LIES IN THE COURSE OF LITIGATION ARE OFFENSIVE TO THE COURT”: SOME VERY UNCLEAN HANDS…

March 10, 2025 · by gexall · in Civil evidence, Members Content

We are looking again at the judgment of HHJ Paul Matthews in Bains v Irshad & Anor [2025] EWHC 491 (Ch). This time about the consequences of telling lies to the court.  The equitable doctrine that most lawyers remember best is the…

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  • BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: "IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY"
  • THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS "UNTENABLE": LESSONS HERE FOR EVERYONE
  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • THE CURRENT IMPORTANCE OF PLEADINGS 70: THE COURT OF APPEAL HAVE STRONG WORDS TO SAY ABOUT PLEADING POINTS IN A MAJOR TRIAL
  • THROWBACK FRIDAY: THE GOOD STUFF ABOUT BEING A LITIGATOR - FROM NICE LAWYERS (MAY 2020)

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