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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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UPDATE TO PROFESSIONAL USER GUIDANCE FOR THE DAMAGES CLAIMS PORTAL: SEE THE NEW DOCUMENT HERE

UPDATE TO PROFESSIONAL USER GUIDANCE FOR THE DAMAGES CLAIMS PORTAL: SEE THE NEW DOCUMENT HERE

March 20, 2025 · by gexall · in Civil Procedure, Members Content

The Professional User Guidance for the Damages Claim Portal has been updated this month. Anyone using the Portal is best advised to have the new guidance to hand.   THE UPDATED GUIDANCE The document from HMCTS  can be found here…

NOW HERE'S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS' APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT - WHO HAD CAPACITY

NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY

March 20, 2025 · by gexall · in Applications, Civil Procedure, Members Content, Personal Injury

In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB)  HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants.  The claimant had capacity to litigate and yet the defendants sought an order…

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  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
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  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING “MIXED” SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO…)

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  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • COST BITES 383: WHO SHOULD PAY THE COSTS FOLLOWING "MIXED" SUCCESS AT A SUMMARY JUDGMENT APPLICATION? WHAT IS A FAIR AND REASONABLE AMOUNT? (SOMETHING ABOUT APPROPRIATE DELEGATION AND HOURLY RATES TOO...)
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • SERVICE POINTS 39: ISSUES OVER CORRECT SPANISH ADDRESS DID NOT RENDER SERVICE INVALID

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