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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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PROCEDURE, SUMMARY JUDGMENT, "SURMISE AND MICAWBERISM" AND... THE ROYAL FAMILY

PROCEDURE, SUMMARY JUDGMENT, “SURMISE AND MICAWBERISM” AND… THE ROYAL FAMILY

February 12, 2021 · by gexall · in Applications, Case Management, Civil evidence, Summary judgment

A blog about civil procedure doesn’t get to write about the Royal Family much. However the judgment of Mr Justice Warby in HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) strays into our territory. There…

THE FAMILY COURT IS NOT THE HIGH COURT: SEVEN YEARS ON AND THERE IS STILL CONFUSION: MOSTYN J RE-STATES THE POSITION

February 4, 2021 · by gexall · in Case Management, Civil Procedure

I am treading, warily, in the patch of the family law bloggers in looking at the judgment of Mr Justice Mostyn in TK v ML [2021] EWFC.  This is a judgment about procedure that highlights the point that the Family…

BLOATED DRAFT GROUNDS OF APPEAL AND RELENTLESS DOCUMENTARY ATTRITION: NOT A GOOD START WHEN SEEKING PERMISSION TO APPEAL

BLOATED DRAFT GROUNDS OF APPEAL AND RELENTLESS DOCUMENTARY ATTRITION: NOT A GOOD START WHEN SEEKING PERMISSION TO APPEAL

February 1, 2021 · by gexall · in Appeals, Case Management, Civil Procedure

The judgment of Mr Justice Turner in Municipio De Mariana & Ors v BHP Group PLC & Anor [2021] EWHC 146 (TCC) sets out the judge’s concerns in relation to the over-lengthy documents filed in support of an application for…

CIVIL PROCEDURE ROUND UP:  POSTS AND ARTICLES ON PROCEDURE AND COSTS: JANUARY 2021

CIVIL PROCEDURE ROUND UP: POSTS AND ARTICLES ON PROCEDURE AND COSTS: JANUARY 2021

February 1, 2021 · by gexall · in Case Management, Civil evidence, Civil Procedure, Costs, Useful links

We all know that January has been a very long month. There has been much written about procedure and costs. Here is the first round up of the year. COSTS ACL – Master upholds default costs certificate in case where draftsman…

CLAIMANT NOT SUCCESSFUL IN  APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY

CLAIMANT NOT SUCCESSFUL IN APPLICATION THAT A WITNESS ATTEND IN PERSON AND NOT REMOTELY

January 14, 2021 · by gexall · in Case Management, Civil evidence, Civil Procedure, Coronavirus, Remote hearings

In Langley v GMB & Ors [2020] EWHC 3619 (QB) Mrs Justice Stacy refused a claimant’s application for an order that a defendant’s witness attend court personally.  The matter could proceed fairly with the witness attending remotely.  This judgment (given…

A WITNESS STATEMENT SHOULD NOT ATTEMPT TO ARGUE THE CASE: YET ANOTHER JUDICIAL REMINDER

January 8, 2021 · by gexall · in Case Management, Civil evidence, Webinar, Witness statements

In  Ceviz v Frawley & Anor [2021] EWHC 8 (Ch)  HHJ Keyser QC made observations about a witness statement.  This case highlights the need for practitioners to be aware of the limitations of witness statement.   If this kind of statement…

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

December 16, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts

Instructing experts in circumstances where they are not necessary, or their evidence is not admissible, is a common theme in litigation.  This issue was considered by Mr David Stone (sitting as a Deputy High Court Judge) in Rothy’s Inc v…

A SERIES OF WEBINARS ON "STAYING SAFE" IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

December 9, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Personal Injury, Relief from sanctions, Risks of litigation, Schedules, Well being, Witness statements

To help 2021 run smoothly  for  litigators I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and…

ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING

ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING

December 4, 2020 · by gexall · in Bundles, Case Management, Remote hearings

Readers have been waiting, with anticipation, for cases about electronic bundles.   The judgment of HHJ Pearce in Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) shows the problems that can occur in relation…

IF YOU WANT RELIEF FROM SANCTIONS - PUT THE DEFAULT RIGHT AT ONCE, AND  CERTAINLY WELL BEFORE ANY APPLICATION FOR RELIEF: DEFENDANT FAILS ON APPEAL WHEN WITNESS EVIDENCE SERVED LATE

IF YOU WANT RELIEF FROM SANCTIONS – PUT THE DEFAULT RIGHT AT ONCE, AND CERTAINLY WELL BEFORE ANY APPLICATION FOR RELIEF: DEFENDANT FAILS ON APPEAL WHEN WITNESS EVIDENCE SERVED LATE

November 24, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Relief from sanctions, Witness statements

In the many posts I have written about seeking relief from sanctions one matter that has been stressed is the overwhelming importance of rectifying the breach immediately. The dangers of  not doing so are exemplified in the judgment of Mr…

YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY "EMBRACE IT: IT WILL MAKE YOUR JOB EASIER"

YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”

November 12, 2020 · by gexall · in Bundles, Case Management, Coronavirus, Remote hearings

In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely.  I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …

THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE'S LAMENT

THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE’S LAMENT

November 9, 2020 · by gexall · in Applications, Bundles, Case Management

In  Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) Mr Justice Turner allowed the defendants’ application to strike out the claim being brought by 202,600 claimants.   Here we look at the observations in relation…

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP OCTOBER 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP OCTOBER 2020

October 31, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Useful links

This round up covers specific posts and articles in relation to civil procedure .  There is a monthly round up of a wide range of legal issues and coronavirus on the Kings Chambers blog, Coronavirus: Guidance for Lawyers and Business….

PROPORTIONAL COSTS: THE LITIGATOR'S WATCHWORDS: 12 PRACTICAL STEPS FOR THE PRUDENT LAWYER...

PROPORTIONAL COSTS: THE LITIGATOR’S WATCHWORDS: 12 PRACTICAL STEPS FOR THE PRUDENT LAWYER…

October 2, 2020 · by gexall · in Case Management, Civil Procedure, Costs, Proportionality

The issue of “proportionality” is central to contemporary litigation.  However it is rarely examined in detail and rarely discussed.  Attempts to analyse how proportionality can be achieved are even rarer.   Here I reprise some points made several years ago about…

CIVIL PROCEDURE BACK TO BASICS  85: DIRECTIONS AND COURT ORDERS SHOULD BE "REALISTIC AND ACHIEVABLE"

CIVIL PROCEDURE BACK TO BASICS 85: DIRECTIONS AND COURT ORDERS SHOULD BE “REALISTIC AND ACHIEVABLE”

September 22, 2020 · by gexall · in Case Management, Civil Procedure

One aspect of the Denton decision that is often overlooked, but which was very welcome, was the Court of Appeal’s message to the courts (and the parties) that any directions given should be “realistic and achievable.”   WHAT WAS SAID…

CIVIL PROCEDURE BACK TO BASICS 83: PART 18 REQUESTS FOR FURTHER INFORMATION

CIVIL PROCEDURE BACK TO BASICS 83: PART 18 REQUESTS FOR FURTHER INFORMATION

September 8, 2020 · by gexall · in Case Management, Civil Procedure

Part 18 requests are often misused.  The Practice Direction states “A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the…

LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT'S JURISDICTION: TRY TO AMEND AT YOUR PERIL

LETTER STATING THAT THE DEFENDANT CONSENTED TO SOME AMENDMENTS DID NOT OUST COURT’S JURISDICTION: TRY TO AMEND AT YOUR PERIL

September 3, 2020 · by gexall · in Amendment, Applications, Case Management, Civil Procedure

In  Scott & Ors v Singh [2020] EWHC 1714 (Comm) HHJ Eyre QC rejected an argument that a letter stating that the defendants agreed to some proposed amendments by the claimant meant that the court had no jurisdiction to prevent…

NEWTON'S LAW AND COMMUNICATING WITH THE COURT: THE NEED FOR PARTIES TO GO THROUGH THE APPROPRIATE PROCEDURE

NEWTON’S LAW AND COMMUNICATING WITH THE COURT: THE NEED FOR PARTIES TO GO THROUGH THE APPROPRIATE PROCEDURE

August 23, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Conduct

There are is brief passage in the judgment of  Mr Recorder Allen QC in  G v C [2020] EWFC B35 (OJ) (16 July 2020) that is of general application.   “The communication has served to demonstrate Newton’s third law of…

SIMILAR FACT EVIDENCE: AN OVERVIEW AND THE CASES: THE RELEVANT GUIDANCE CONSIDERED

SIMILAR FACT EVIDENCE: AN OVERVIEW AND THE CASES: THE RELEVANT GUIDANCE CONSIDERED

August 18, 2020 · by gexall · in Case Management, Civil evidence

The previous post about the Court of Appeal decision today in relation to similar fact evidence provides an opportunity to recap on some basic principles.   OVERVIEW OF THE RELEVANT PRINCIPLES A detailed review of the cases appears below. By…

WHEN EXPERT EVIDENCE BECOMES REDUNDANT:  "WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE"

WHEN EXPERT EVIDENCE BECOMES REDUNDANT: “WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE”

August 4, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Fatal Accidents

There is an interesting judgment on expert evidence at Domeney v Rees & Ors [2020] EWHC 2115 (QB), where Master Davis considered whether accident reconstruction evidence was necessary in relation to a trial.   “We do not have trial by…

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