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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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ANOTHER CASE OF SOMEONE BREACHING THE EMBARGO ON A DRAFT JUDGMENT: THE DRAFT SHOULD NOT BE HANDED OVER THE THE LAWYER'S MARKETING DEPARTMENT

ANOTHER CASE OF SOMEONE BREACHING THE EMBARGO ON A DRAFT JUDGMENT: THE DRAFT SHOULD NOT BE HANDED OVER THE THE LAWYER’S MARKETING DEPARTMENT

April 30, 2025 · by gexall · in Avoiding negligence claims, Civil Procedure, Conduct, Members Content

It is difficult to believe that  cases about  lawyers accidently breaching a judgment embargo still happen.  However the reports keep coming.  Prominent firms of solicitors, and barristers’ chambers have, over the years fallen foul of the rules. In particular a…

JUDGE STRIKES OUT CLAIM FOR LOSS OF EARNINGS: IT IS "INCOHERENT" AND OBSTRUCTS THE JUST DISPOSAL OF THE CLAIM

JUDGE STRIKES OUT CLAIM FOR LOSS OF EARNINGS: IT IS “INCOHERENT” AND OBSTRUCTS THE JUST DISPOSAL OF THE CLAIM

April 30, 2025 · by gexall · in Applications, Clinical Negligence, Damages, Members Content, Schedules, Summary judgment

It is an easy matter for a claimant to insert a claim for a substantial loss of earnings into a schedule of damages.  However a claimant then has to prove that loss. Further, even prior to trial, a defendant is…

COST BITES 234: A REMINDER THAT A SOLICITORS ACT ASSESSMENT CAN SOMETIMES BE AN EXPENSIVE PROCESS FOR A CLAIMANT

COST BITES 234: A REMINDER THAT A SOLICITORS ACT ASSESSMENT CAN SOMETIMES BE AN EXPENSIVE PROCESS FOR A CLAIMANT

April 30, 2025 · by gexall · in Applications, Assessment of Costs, Costs, Members Content

A central aim of this series is to look at what actually happens when costs are assessed.  We see an example in the case we are looking at here.  It was the claimant’s application for a Solicitors Act assessment of  bills…

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