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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » June » 03
COST BITES 243: EMPLOYMENT TRIBUNAL DID NOT ERR WHEN IT ORDERED THE APPLICANT TO PAY (UP TO) £210,000 IN COSTS

COST BITES 243: EMPLOYMENT TRIBUNAL DID NOT ERR WHEN IT ORDERED THE APPLICANT TO PAY (UP TO) £210,000 IN COSTS

June 3, 2025 · by gexall · in Assessment of Costs, Costs, Members Content

It is important for all litigators and litigants to know that some regimes, although normally costs free, do have a discretion to award costs.  The Employment Tribunal is an example of this.   In this case the Employment Appeal Tribunal upheld…

WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS

WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS

June 3, 2025 · by gexall · in Civil evidence, Committal proceedings, Members Content, Personal Injury

This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation.  It…

PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR

PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR

June 3, 2025 · by gexall · in Appeals, Members Content, Personal Injury

The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex.  Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…

THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED

THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED

June 3, 2025 · by gexall · in Applications, Civil evidence, Members Content, Statements of Case, Witness statements

Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded.  The judge held that, on the facts of this case, the evidence was…

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  • 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”
  • MI5: CONTEMPT OF COURT AND THE ADMISSIBILITY OF EXTERNAL REPORTS: THEY ARE ADMISSIBLE BUT CANNOT BE USED TO PROVE ANYTHING: A POINT OF GENERAL RELEVANCE NOT JUST SECRET AGENTS…

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FORM N1 HAS BEEN SLIGHTLY AMENDED: THIS COULD BE A TRAP FOR THE UNWARY: PUTTING THE DEFENDANT'S EMAIL ADDRESS ON THE CLAIM FORM DOES NOT CHANGE THE RULES FOR SERVICE...
PROVING THINGS 304 : FUNDAMENTAL DISHONESTY ESTABLISHED IN A £7 MILLION CLAIM: "THE WASTE OF PUBLIC RESOURCES CAUSED BY THE CLAIMANT'S DISHONESTY IS SCANDALOUS"
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 ...
THE POWER TO GRANT AN INJUNCTION NORMALLY REQUIRES A CAUSE OF ACTION: (ONE OF) THE DIFFICULTIES OF AN ANONYMOUS LITIGANT

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