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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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COVID DOESN'T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED

COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED

January 12, 2021 · by gexall · in Adjournments, Applications, Civil Procedure, Coronavirus, Remote hearings

In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID.  There is an examination of the steps that need…

CORONAVIRUS LAW: DEFENDANT'S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)

CORONAVIRUS LAW: DEFENDANT’S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)

June 5, 2020 · by gexall · in Adjournments, Civil Procedure, Clinical Negligence, Coronavirus

In the judgment in  SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…

A HEARING THAT "COULD NOT BE  CONDUCTED FAIRLY OR PROPERLY" WITHOUT A PHYSICAL PRESENCE IN THE COURTROOM: IDEA OF REMOTE TRIAL REFUSED

A HEARING THAT “COULD NOT BE CONDUCTED FAIRLY OR PROPERLY” WITHOUT A PHYSICAL PRESENCE IN THE COURTROOM: IDEA OF REMOTE TRIAL REFUSED

April 21, 2020 · by gexall · in Adjournments, Applications, Coronavirus

The judgment of Sir Andrew McFarlane in  P (A Child: Remote Hearing), Re [2020] EWFC 32 shows that remote hearings are not suitable for every case. “It seems to me that to contemplate a remote hearing of issues such as…

THE TRIAL WILL GO ON: JUDGE REJECTS ARGUMENT THAT FIVE WEEK TRIAL HAD TO BE ADJOURNED BECAUSE OF COVID-19

THE TRIAL WILL GO ON: JUDGE REJECTS ARGUMENT THAT FIVE WEEK TRIAL HAD TO BE ADJOURNED BECAUSE OF COVID-19

April 8, 2020 · by gexall · in Adjournments, Civil Procedure, Coronavirus

In Blackfriars Ltd, Re [2020] EWHC 845 (Ch) Mr John Kimbell QC (sitting as a  Deputy High Court judge) refused an application to adjourn a trial made on the basis of the difficulties caused by coronavirus.  The judgment contains a…

GUIDANCE IN DEVON AND CORNWALL: VACATION OF COURT HEARINGS AND RE-LISTING

March 27, 2020 · by gexall · in Adjournments, Applications, Coronavirus, Remote hearings

The President of Plymouth Law Society has sent out the following guidance. COVID-19 – URGENT – CIVIL COURT HEARINGS TO BE VACATED – HHJ GORE QC Dear Member If you are a Civil Court user please read the notice below from…

DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION

DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION

January 23, 2020 · by gexall · in Adjournments, Appeals, Civil evidence, Civil Procedure, Conduct, Extensions of time

  Angus Fergusson  has kindly sent me a copy of the judgment of Mr Justice Birss in  Grant -v- Newport City Council [2018] EWHC 3813, it is an interesting case where the judge, on appeal, upheld a decision to refuse…

APPLYING FOR AN ADJOURNMENT OF A TRIAL ON THE GROUNDS OF ILL HEALTH: A "CUT OUT AND KEEP" GUIDE TO THE AUTHORITIES

APPLYING FOR AN ADJOURNMENT OF A TRIAL ON THE GROUNDS OF ILL HEALTH: A “CUT OUT AND KEEP” GUIDE TO THE AUTHORITIES

January 21, 2020 · by gexall · in Adjournments, Applications, Civil Procedure

It is surprising how often searches that lead to this blog are questions about seeking adjournments on the grounds of ill health.  This appears to be common issue.  A useful “cut out and keep” summary of the relevant authorities can…

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…

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