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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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PROVING THINGS 207: CORPORATE INSOLVENCY AND CORONAVIRUS: A COMPANY STILL HAS TO  PROVE SOLVENCY PROBLEMS WERE DUE TO COVID

PROVING THINGS 207: CORPORATE INSOLVENCY AND CORONAVIRUS: A COMPANY STILL HAS TO PROVE SOLVENCY PROBLEMS WERE DUE TO COVID

March 18, 2021 · by gexall · in Civil evidence, Civil Procedure, Coronavirus

In PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) Deputy ICC Judge Passfield considered questions of evidence in relation to the provisions that prevent winding up of a company when it can establish that its financial state is due…

"TOPSY TURVY STATUTORY CONSTRUCTION": THE CORONAVIRUS ACT DOES NOT ALLOW THE BROADCASTING OF THE COURTS

“TOPSY TURVY STATUTORY CONSTRUCTION”: THE CORONAVIRUS ACT DOES NOT ALLOW THE BROADCASTING OF THE COURTS

February 19, 2021 · by gexall · in Applications, Civil Procedure, Coronavirus

In Good Law Project Ltd & Ors, R. ( On Application of) v Secretary of State for Health And Social Care [2021] EWHC 346 (Admin) Mr Justice Chamberlain rejected an argument that the Coronavirus Act implicitly gave the courts power…

DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND

DAMAGES AND LOSS OF EARNINGS DUE TO COVID: A MINOR REDUCTION IN INCOME FOUND

February 10, 2021 · by gexall · in Coronavirus, Damages

One of the things considered in the judgment in Kim v Lee [2021] EWHC 231 (QB) was whether the claimant would have suffered a reduction in income due to Covid in any event. This is likely to be a live…

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

AMENDMENTS TO PD 55 C: STAY EXTENDED TO 30th JULY 2021

January 29, 2021 · by gexall · in Civil Procedure, Coronavirus

The online version of PD 55C shows an extension of the time period for suspension of possession proceedings to 30th July 2021.   THE AMENDED PRACTICE DIRECTION Is available here.  THE RULE 1.1 of the PD now reads ” This…

INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID

INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID

January 26, 2021 · by gexall · in Civil Procedure, Coronavirus

In Merritt v Thurrock Council & Anor [2021] EW Misc 2 (CC)  HHJ Karen Walden-Smith found that the defendant had no defence to a claim for trespass. However enforcement of the order was delayed because of the coronavirus situation.  …

IMPORTANT COVID UPDATES FROM HMCTS: USEFUL LINKS FOR THE PRACTITIONER

January 25, 2021 · by gexall · in Civil evidence, Coronavirus

The latest HMCTS weekly operational summary on courts and tribunals during coronavirus (COVID-19) outbreak contains some important links for those using the courts. LINKS HMCTS held a webinar for legal professionals to provide information on the arrangements in place at courts…

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…

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…

LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES

LAWYERS (WELL LITIGATORS ANYWAY) ARE CRITICAL WORKERS: TRAVEL, OVERNIGHT ACCOMMODATION AND SCHOOL PLACES

January 11, 2021 · by gexall · in Coronavirus

The HMCTS operational summary for this week states that “all those who work in courts and tribunal” are critical workers “Updated: All those essential to keeping the justice system running are considered critical workers. This applies to all those who work…

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

January 7, 2021 · by gexall · in Civil Procedure, Coronavirus, Extensions of time, Rule Changes

There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020.   MINUTES OF…

IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY

IT IS UNLAWFUL TO TAKE PHOTOGRAPHS OF A TRIAL CONDUCTED REMOTELY

January 6, 2021 · by gexall · in Applications, Civil evidence, Conduct, Coronavirus, Remote hearings

In SLF Associates Inc v (1) HSBC (UK) Bank Plc & Ors [2021] EWHC 5 (Ch) Master Kaye pointed out that taking photographs of participants in a remote  court was unlawful. THE CASE The Master was giving judgment in a…

MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: "WEAR PANTS, SEQUESTER PETS"

MORE GUIDANCE FROM JUDGES ON PREPARATION AND ADVOCACY IN REMOTE HEARINGS: “WEAR PANTS, SEQUESTER PETS”

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings

I started the day with a look at guidance for remote hearings.  As is often the way more useful guidance came out this morning in Bloomberg Law “Wear Pants, Sequester Pets: Five Tips From Judges for Zoom Court”. THE GUIDANCE…

REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND...

REMOTE HEARINGS AND REMOTE ADVOCACY: USEFUL LINKS FROM THE UK AND BEYOND…

December 8, 2020 · by gexall · in Advocacy, Coronavirus, Remote hearings, Written advocacy

Lawyers all over the world are getting to grips with advocacy via a computer screen.  This is an opportune time to look at the useful guidance out their for those undertaking and preparing hearings and trials that are heard remotely….

CORONAVIRUS LAW: ROUND UP - NOVEMBER 2020

CORONAVIRUS LAW: ROUND UP – NOVEMBER 2020

December 6, 2020 · by gexall · in Coronavirus, Useful links

A look at blogs and articles about coronavirus, law and lawyers from November 2020. CORONAVIRUS LAW Gov.uk – Coronavirus Act report: November 2020 COURTS Herbert Smith Freehills – LORD CHIEF JUSTICE’S REPORT 2020: COURTS IN STRONG POSITION DESPITE PANDEMIC RPC – To MAE…

CORONAVIRUS: LAW AND LAWYERS - RECENT POSTS AND ARTICLES

CORONAVIRUS: LAW AND LAWYERS – RECENT POSTS AND ARTICLES

November 24, 2020 · by gexall · in Coronavirus, Useful links

Links to articles and posts on coronavirus and the law. CORONAVIRUS LAW Kings Chambers – KINGS CHAMBERS & SIMPSON MILLAR INSTRUCTED TO CHALLENGE THE GOVERNMENT’S 10PM HOSPITALITY CURFEW PLANNING Lewis Silkin – Overview of planning changes 2020 (England only) LOCAL AUTHORITIES The…

WEARING FACEMASKS IN THE COURTROOM: A MATTER OF CHOICE FOR BOTH THE JUDGE AND OTHER PARTICIPANTS (UNLESS ACTUALLY SPEAKING)

WEARING FACEMASKS IN THE COURTROOM: A MATTER OF CHOICE FOR BOTH THE JUDGE AND OTHER PARTICIPANTS (UNLESS ACTUALLY SPEAKING)

November 19, 2020 · by gexall · in Civil Procedure, Coronavirus

The Senior and Deputy Senior Presiding Judges at the Royal Courts of Justice issued guidance on the 17th November 2020 which replaced earlier guidance on this topic.  The guidance deals with wearing facemasks in the court room. THE GUIDANCE “Wearing…

REMOTE  HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)

REMOTE HEARINGS: TRIAL CAN GO AHEAD WITH PARTICIPANTS FROM ABROAD ALLOWED TO WATCH (SUBJECT TO SAFEGUARDS)

November 17, 2020 · by gexall · in Applications, Civil evidence, Coronavirus, Remote hearings

In the judgment this morning in Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) Mr Justice Kerr rejected an argument that participants in a civil trial could not continue to watch the trial if they…

CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS

CORONAVIRUS LAW: FURTHER STATUTORY STAY ON EVICTIONS AND TAKING CONTROL OF GOODS

November 16, 2020 · by gexall · in Civil Procedure, Coronavirus

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 come into force tomorrow. They prevent residential evictions (for the most part) until the 11th January 2021. THE REGULATIONS Citation, Commencement and Application 1.—(1) These Regulations…

A REMOTE HEARING IS NOT INNATELY UNFAIR: NOR DOES IT CREATE AN INEQUALITY OF ARMS

A REMOTE HEARING IS NOT INNATELY UNFAIR: NOR DOES IT CREATE AN INEQUALITY OF ARMS

November 13, 2020 · by gexall · in Coronavirus, Remote hearings

In Attorney General of the Turks and Caicos Islands v Misick & Ors [2020] UKPC 30 the Privy Council rejected an argument that continuing a criminal trial by remote means would be innately unfair. ” It cannot be said that…

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 – …

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