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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT

PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT

May 15, 2025 · by gexall · in Members Content, Personal Injury

The question of what is work equipment can be a fairly fundamental one for personal injury lawyers.  There can still be something akin to strict liability under the provisions of the Employer’s Liability (Defective Equipment) Act 1969. Here we consider…

ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS

ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS

May 15, 2025 · by gexall · in Advocacy, Appeals, Civil evidence, Civil Procedure, Conduct, Members Content

Unbelievably we are looking at another case where the court found that false authorities had been cited to it.  The appeal was struck out as an abuse of process.   “In my judgment, the Court needs to take decisive action…

THE DEFENDANT'S DELAY LEADS TO COURT OF APPEAL REFUSING TO SET ASIDE DEFAULT JUDGMENT: THE IMPORTANCE OF BEING PROMPT

THE DEFENDANT’S DELAY LEADS TO COURT OF APPEAL REFUSING TO SET ASIDE DEFAULT JUDGMENT: THE IMPORTANCE OF BEING PROMPT

May 15, 2025 · by gexall · in Appeals, Members Content, Setting aside judgment

Today we are looking at a case where a defendant waited 16 months before applying to set aside a default judgment. That application to set aside was successful at first instance but overturned by the Court of Appeal. The Court…

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  • WHEN A CASE - WEEKS AWAY FROM TRIAL WAS "UNTENABLE": HOW DID WE GET HERE?
  • 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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