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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. Hardwicke, London
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DEFENDANT'S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD

DEFENDANT’S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD

November 20, 2019 · by gexall · in Adjournments, Applications, Expert evidence, Experts, Useful links

There is an interesting summary of   the decision in Mitchell -v- Precis 545 Ltd (15/11/2019)  on Kings Chambers website. A report by my colleague Jeremy Roussak of a case where he represented the claimant and where HHJ Freedman refused a…

TRIAL JUDGE SHOULD HAVE WAITED FOR PARTIES TO ARRIVE AT COURT: APPEAL AGAINST ORDER UNDER CPR 39.3 ALLOWED

TRIAL JUDGE SHOULD HAVE WAITED FOR PARTIES TO ARRIVE AT COURT: APPEAL AGAINST ORDER UNDER CPR 39.3 ALLOWED

September 4, 2019 · by gexall · in Access to justice, Adjournments, Appeals, Applications, Civil Procedure

In  Akita & Anor v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) Mr Justice Martin Spencer held that a trial judge, knowing that parties were on the way to court, should have waited longer before…

CASES TAKEN OUT OF THE LIST AT THE LAST MINUTE BECAUSE OF "LACK OF JUDICIAL TIME": WHAT ARE THE CAUSES? YOU BE THE JUDGE

CASES TAKEN OUT OF THE LIST AT THE LAST MINUTE BECAUSE OF “LACK OF JUDICIAL TIME”: WHAT ARE THE CAUSES? YOU BE THE JUDGE

June 19, 2019 · by gexall · in Access to justice, Adjournments

Not for the first time I return to the matter of hearings being taken out of the list at the very last moment. This is a longstanding problem that is getting worse. There were reports last week of two sets…

TELEPHONE HEARINGS WHEN COUNSEL WON'T ANSWER THE TELEPHONE: THE  UNHAPPY LORD JUSTICE

TELEPHONE HEARINGS WHEN COUNSEL WON’T ANSWER THE TELEPHONE: THE UNHAPPY LORD JUSTICE

May 21, 2019 · by gexall · in Adjournments, Applications, Civil Procedure

There is a short judgment recently arrived on BAILLI which fits in well with the earlier post about telephone and electronic hearings. In Nixon & Anor v Secretary of State for the Home Department [2017] EWCA Civ 2694 Lord Justice…

BAD WEATHER MEANT COURT SHOULD HAVE GRANTED AN ADJOURNMENT: THE RELEVANT PRINCIPLES CONSIDERED

BAD WEATHER MEANT COURT SHOULD HAVE GRANTED AN ADJOURNMENT: THE RELEVANT PRINCIPLES CONSIDERED

December 28, 2018 · by gexall · in Access to justice, Adjournments, Applications

In Pari-Jones v CPS [2018] EWHC 3482 (Admin) the Administrative Court allowed an appeal against a decision not to adjourn a trial.  The magistrates’ court simply went ahead without referring to any of the relevant legal principles.   Although these were criminal…

ADJOURNING A HEARING BECAUSE OF A SICK NOTE: COURT OF APPEAL DECISION: MEDICAL EVIDENCE HAS TO ESTABLISH UNFITNESS TO ATTEND HEARING

ADJOURNING A HEARING BECAUSE OF A SICK NOTE: COURT OF APPEAL DECISION: MEDICAL EVIDENCE HAS TO ESTABLISH UNFITNESS TO ATTEND HEARING

December 13, 2018 · by gexall · in Adjournments, Applications, Civil evidence

There have been a number of cases recently relating to applications of hearings on health grounds, in particular the adequacy of the evidence. The relevant principles were reviewed by the Court of Appeal today in General Medical Council v Hayat [2018]…

MORE ON LAST MINUTE ADJOURNMENTS: SERIOUS CASES PULLED FROM THE LIST AT THE LAST MOMENT (AND CLAIMANTS HAVING TO PAY FOR THE PRIVILEGE OF EXTENDING THE LISTING PERIOD)

May 7, 2018 · by gexall · in Access to justice, Adjournments, Case Management, Civil Procedure, Listing

I am continuing to collect issues relating to listing. Doing this by a serious of posts on the topic.  You can get a flavour of the problems by some of the issues raised on Twitter over the past few days. …

A JUDGMENT ADJOURNING A TRIAL: THE CLAIMANT DID NOT KNOW WHETHER THE ACTION WAS NECESSARY;  THE TRIAL BUNDLE DID NOT HAVE THE KEY DOCUMENT (AND MORE)

A JUDGMENT ADJOURNING A TRIAL: THE CLAIMANT DID NOT KNOW WHETHER THE ACTION WAS NECESSARY; THE TRIAL BUNDLE DID NOT HAVE THE KEY DOCUMENT (AND MORE)

April 25, 2018 · by gexall · in Adjournments, Bundles, Civil evidence, Civil Procedure, Mediation

The short judgment of Mr Justice Holman in Matthews v Matthews & Anor [2018] EWHC 906 (Fam) looks like a family case. However it is an inheritance claim and contains some surprising revelations. KEY POINTS If you are asking a judge…

LISTING - WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

LISTING – WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM

April 15, 2018 · by gexall · in Abuse of Process, Adjournments, Civil Procedure, Listing

I’m quite happy to carry on posting about listing issues.  Litigants should not suffer in silence.  I post these three reports without comment. Delay of 10 months for listing of applications “Fast track personal injury claim in Central London County…

COURT LISTING - JUST WHEN YOU THOUGHT IT COULDN'T GET ANY WORSE

COURT LISTING – JUST WHEN YOU THOUGHT IT COULDN’T GET ANY WORSE

April 11, 2018 · by gexall · in Adjournments, Case Management, Listing

I wasn’t planning a regular series on the vagaries of court listing.  I post these without comment. Both from Twitter today. Parties not told of an adjournment Barrister Banter  ‏@balchinlawyer 11 So at Court to discover case was adjourned a week ago…

PROBLEMS WITH LISTING: A CONTINUING SAGA

PROBLEMS WITH LISTING: A CONTINUING SAGA

April 9, 2018 · by gexall · in Access to justice, Adjournments, Civil Procedure, Listing

Complaints about listing continue. Some are put as comments to the original post on this blog, some use the #courtlisting  hashtag on Twitter.  This is just a flavour of complaints in the last week. Three months to acknowledge receipt of…

LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: "WE'VE GOT NO JUDGES"

LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: “WE’VE GOT NO JUDGES”

April 4, 2018 · by gexall · in Abuse of Process, Access to justice, Adjournments, Civil Procedure

Problems with listing are one of the hidden problems of civil procedure.  Hearings are listed and then pulled out at the last moment, often after the parties have arrived at court.  This is an issue that should be publicised.  It…

COURT WATCH: DON'T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

COURT WATCH: DON’T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE

March 20, 2018 · by gexall · in Access to justice, Adjournments, Case Management, Civil Procedure

There have been constant, and consistent, grumblings on social media about problems with court listing. Cases are cancelled at the last moment. Courts are overbooked. There appears to be no, or very little, thought given to the expense involved and…

JUDGE WAS WRONG NOT TO GRANT ADJOURNMENT ON THE GROUNDS OF ILL HEALTH AND TO REFUSE TO SET ASIDE SUBSEQUENT JUDGMENT

JUDGE WAS WRONG NOT TO GRANT ADJOURNMENT ON THE GROUNDS OF ILL HEALTH AND TO REFUSE TO SET ASIDE SUBSEQUENT JUDGMENT

February 9, 2018 · by gexall · in Adjournments, Appeals, Setting aside judgment

In Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101 today the Court of Appeal overturned a decision discussed on this blog in 2015.  The Court found that a judge should have granted a defendant an adjournment on ill-health grounds. He…

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT'S HOME: PROCEDURAL UNFAIRNESS

MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT’S HOME: PROCEDURAL UNFAIRNESS

February 7, 2018 · by gexall · in Access to justice, Adjournments, Appeals

Earlier this week I paid tribute to Sir Henry Brooke. This included his most recent work dealing with PIPs and ESAs.  He wrote in his blog: “Readers  of these blogs will know I have been telling stories of the injustices…

I WANT AN ADJOURNMENT BECAUSE I'M ILL: AN APPLICATION NOT GUARANTEED BE SUCCESSFUL

I WANT AN ADJOURNMENT BECAUSE I’M ILL: AN APPLICATION NOT GUARANTEED BE SUCCESSFUL

November 23, 2017 · by gexall · in Adjournments, Applications, Case Management

The issue of adjournments because of ill-health is one of the most common search terms that leads to this blog. (I am not certain whether to be surprised  at this or not). For those searching today the relevant principles are…

SERVICE BY ALTERNATIVE MEANS, THE ABSENT DEFENDANT,  DEFAULT JUDGMENT AND COSTS: ABSENCE OF DEFENDANT DOESN'T CAUSE THE COURT TO MISS A GEAR

SERVICE BY ALTERNATIVE MEANS, THE ABSENT DEFENDANT, DEFAULT JUDGMENT AND COSTS: ABSENCE OF DEFENDANT DOESN’T CAUSE THE COURT TO MISS A GEAR

November 14, 2017 · by gexall · in Adjournments, Costs, Default judgment,, Judgment

In Pirtek (UK) Ltd v Jackson [2017] EWHC 2834 (QB) Mr Justice Warby considered several procedural issues.  These are of wider interest, particularly issues relating to the method of service, proceeding in the defendant’s absence, summary judgment and costs.  …

GLADWIN & SANCTIONS - AN ANALYSIS 3: AN ADJOURNMENT SHOULD NOT HAVE BEEN GRANTED:  A BLAMELESS CLIENT IS NOT A GET OUT OF JAIL FREE CARD

GLADWIN & SANCTIONS – AN ANALYSIS 3: AN ADJOURNMENT SHOULD NOT HAVE BEEN GRANTED: A BLAMELESS CLIENT IS NOT A GET OUT OF JAIL FREE CARD

June 20, 2017 · by gexall · in Adjournments, Appeals, Applications, Relief from sanctions

In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the third of the series looking at the case more closely we…

APPEAL AGAINST REFUSAL TO ALLOW LATE WITNESS STATEMENTS AT TRIAL: CLAIMANT'S APPEAL DISMISSED

APPEAL AGAINST REFUSAL TO ALLOW LATE WITNESS STATEMENTS AT TRIAL: CLAIMANT’S APPEAL DISMISSED

June 19, 2017 · by gexall · in Adjournments, Appeals, Applications, Relief from sanctions, Witness statements

There are a surprising number of cases and appeals in relation to late service of witness evidence. In Byrne -v- Mullan [2017] EWHC 1387 (Ch) the claimant made an application to adduce new witness evidence which was heard on the…

GLADWIN & SANCTIONS - AN ANALYSIS 2: WHY (IN THEORY) THE DEFAULTING CLAIMANT COULD STILL RELY ON THE LATE WITNESS EVIDENCE

GLADWIN & SANCTIONS – AN ANALYSIS 2: WHY (IN THEORY) THE DEFAULTING CLAIMANT COULD STILL RELY ON THE LATE WITNESS EVIDENCE

June 19, 2017 · by gexall · in Adjournments, Relief from sanctions, Sanctions, Witness statements

In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the second of the series looking at the case more closely we…

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  • LITIGATION: NO DUTY TO THE OTHER SIDE IN LITIGATION TO PUT FORWARD YOUR BEST EVIDENCE
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