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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH

SENSIBLE COVID PRECAUTIONS TAKEN WHEN IMPLEMENTING A SEARCH ORDER: APPLICANT TAKES A VERY NUANCED APPROACH

September 9, 2020 · by gexall · in Applications, Civil Procedure, Coronavirus, Injunctions

The judgment of Mr Justice Fordham in Calor Gas Ltd v Chorley Bottle Gas Ltd & Anor [2020] EWHC 2426 (QB) has some interesting observations about the way in which COVID affects both the way a hearing is held and…

CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES

CORONAVIRUS LAW: PANDEMIC DID NOT PREVENT COURT MAKING MANDATORY INJUNCTION COMPELLING REMOVAL OF CARAVANS AND MOBILE HOMES

August 12, 2020 · by gexall · in Coronavirus, Injunctions

In Chichester District Council v Sullivan & Ors (Rev 1) [2020] EWHC 2154 (QB) HHJ Auberbach considered the impact of the coronavirus pandemic on a decision to grant a mandatory injunction requiring the removal of  caravans and mobile homes in…

MORE CORONAVIRUS LAW:  HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION

MORE CORONAVIRUS LAW: HEALTH PROTECTION REGULATIONS BAN ON RELIGIOUS GATHERING NOT REMOVED BY INJUNCTION

June 3, 2020 · by gexall · in Coronavirus, Injunctions

In Hussain, R (on the application of) v Secretary of State for Health & Social Care [2020] EWHC 1392 (Admin) Mr Justice Swift refused an application for interim relief to allow attendance at religious services.  The application requested the prevention…

THE USEFULNESS OF HAVING A TRANSCRIPT WHEN CONSIDERING ALLEGATIONS OF NON-DISCLOSURE

THE USEFULNESS OF HAVING A TRANSCRIPT WHEN CONSIDERING ALLEGATIONS OF NON-DISCLOSURE

May 22, 2020 · by gexall · in Applications, Injunctions

In Les Ambassadeurs Club Ltd v Albluewi (aka Sheikh Salah Hamdan Albluewi And Mr Salah Hamdan Albelwi) [2020] EWHC 1313 (QB)Mr Justice Freedman set out the importance of having a transcript of an ex-parte hearing when considering allegations of a…

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE'S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

SERVING PROCEEDINGS: COURT OF APPEAL REFUSE GOOSE’S APPEAL : THE DANGERS OF OVERLOOKING THE BASIC OBLIGATION TO SERVE

March 9, 2020 · by gexall · in Appeals, Civil Procedure, Injunctions, Service of the claim form, Serving documents

In Canada Goose UK Retail Ltd & Anor v Unknown Persons [2020] EWCA Civ 303 the Court of Appeal upheld the judge’s decision not to grant the claimant any kind of relief due to a failure to properly serve the…

APPLICATIONS TO THE COURT AND THE DUTY OF CANDOUR: THE JUDGE MUST SEE DOCUMENTS THAT ARE ADVERSE TO YOUR CASE

APPLICATIONS TO THE COURT AND THE DUTY OF CANDOUR: THE JUDGE MUST SEE DOCUMENTS THAT ARE ADVERSE TO YOUR CASE

February 23, 2020 · by gexall · in Applications, Conduct, Injunctions, Witness statements

In Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor [2020] EWHC 385 (Admin)  Mr Justice Saini issued a warning about the duty of candour owed to the court, particularly on a without notice application….

SERVICE OF THE CLAIM FORM: FAILURE TO SERVE ANY DEFENDANTS WHEN APPLYING FOR AN INJUNCTION: THE GOOSE IS NOT PROPERLY COOKED...

SERVICE OF THE CLAIM FORM: FAILURE TO SERVE ANY DEFENDANTS WHEN APPLYING FOR AN INJUNCTION: THE GOOSE IS NOT PROPERLY COOKED…

September 22, 2019 · by gexall · in Applications, Injunctions, Service of the claim form, Serving documents, Uncategorized

In Canada Goose UK Retail Ltd v Persons Unknown & Anor [2019] EWHC 2459 (QB) Mr Justice Nicklin refused the claimants’ application for an injunction on several grounds. Here we look at the issues relating to service of the claim…

WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT'S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN

WITHOUT NOTICE INJUNCTIONS 1: CLAIMANT’S APPLICATION FOR AN INJUNCTION GOES DOWN THE PAN

June 19, 2019 · by gexall · in Applications, Conduct, Injunctions, Witness statements

The judgment in Brothers Enterprises Ltd v New World Hospitality UK Ltd [2017] EWHC 2455 (Ch) has only recently arrived on BAILLI. However it is a case that shows the importance of disclosure in relation to without notice injunctions.  What…

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE - A CASE THAT ILLUSTRATES THE POINT

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE – A CASE THAT ILLUSTRATES THE POINT

April 23, 2019 · by gexall · in Applications, Civil Procedure, Injunctions

There is an interesting discussion of the duty to give full and fair disclosure in the judgment of HHJ Klein (sitting as a High Court judge) in  Wild Brain Family International Ltd v Robson & Anor [2018] EWHC 3163 (Ch). …

SERVICE OF CLAIM FORM BY EMAIL ALLOWED: THE SAFEGUARDS TO RESPONDENTS TO WITHOUT NOTICE APPLICATIONS.

SERVICE OF CLAIM FORM BY EMAIL ALLOWED: THE SAFEGUARDS TO RESPONDENTS TO WITHOUT NOTICE APPLICATIONS.

February 6, 2019 · by gexall · in Injunctions, Service of the claim form, Serving documents

The case and issues in Linklaters LLP -v- Mellish [2019] EWHC 177 (QB) have already made the headlines.   The procedural aspects of the decision are also of interest. Firstly Mr Justice Warby made an order allowing service of the claim form…

PROVING THINGS 127: WRITTEN CONTRACT - WHAT WRITTEN CONTRACT? APPLICATION FOR AN INJUNCTION FAILS WHEN CLAIMANT CANNOT PROVE A CONTRACT WAS EVER SIGNED

PROVING THINGS 127: WRITTEN CONTRACT – WHAT WRITTEN CONTRACT? APPLICATION FOR AN INJUNCTION FAILS WHEN CLAIMANT CANNOT PROVE A CONTRACT WAS EVER SIGNED

September 9, 2018 · by gexall · in Civil evidence, Injunctions, Witness statements

The judgment of HHJ Neil Bidder QC in Tenon FM Ltd v Cawley & Ors [2018] EWHC 1972 (QB) shows a failure by a claimant to prove the most basic of issues.  The claimant could not establish that a defendant had…

PROVING THINGS 124: "PUT BLUNTLY: THAT EVIDENCE IS WHOLLY INADEQUATE": DEFENDANT'S EVIDENCE ON AN INJUNCTION APPLICATION

PROVING THINGS 124: “PUT BLUNTLY: THAT EVIDENCE IS WHOLLY INADEQUATE”: DEFENDANT’S EVIDENCE ON AN INJUNCTION APPLICATION

August 29, 2018 · by gexall · in Applications, Civil evidence, Injunctions, Witness statements

In Jahangiri v St. George’s University Hospitals NHS Foundation Trust [2018] EWHC 2278 (QB)  Mr Justice Nicklin observed that witness evidence put forward by the defendant was far from adequate. “The Court is best assisted when the evidence of someone who…

PROVING THINGS 88: MATTERS YOU HAVE TO PROVE IF YOU WANT AN INJUNCTION: THE IMPACT OF A SIX MONTH DELAY IN APPLYING

PROVING THINGS 88: MATTERS YOU HAVE TO PROVE IF YOU WANT AN INJUNCTION: THE IMPACT OF A SIX MONTH DELAY IN APPLYING

April 10, 2018 · by gexall · in Applications, Civil evidence, Civil Procedure, Injunctions, Witness statements

In Blade Motor Group Ltd v Reynolds & Reynolds Ltd [2018] EWHC 497 (Ch) an applicant for an injunction failed because it failed to prove the basic requirements.  The fact that there was a six-month delay in applying for the injunction…

LAST REMINDER OF NEW YEAR'S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

LAST REMINDER OF NEW YEAR’S RESOLUTION FOR 2017: WITHOUT NOTICE APPLICATIONS ARE SO, SO, DANGEROUS: THE DUTY OF FULL DISCLOSURE EXTENDS TO WEAKNESSES IN YOUR OWN CASE

December 18, 2017 · by gexall · in Applications, Avoiding negligence claims, Conduct, Injunctions

The one New Year’s Resolution I recommended to litigators for 2017 was to be very, very, wary of without notice applications. As we get near to the end of the year this advice is borne out by the judgment of…

PROVING THINGS 75: PROVING CAUSATION ON AN UNDERTAKING TO PAY DAMAGES: THE INJUNCTION THAT COST THE APPLICANT TENS OF MILLIONS OF DOLLARS: ROUND 2

PROVING THINGS 75: PROVING CAUSATION ON AN UNDERTAKING TO PAY DAMAGES: THE INJUNCTION THAT COST THE APPLICANT TENS OF MILLIONS OF DOLLARS: ROUND 2

November 21, 2017 · by gexall · in Appeals, Applications, Damages, Injunctions

We have looked before at the decision in Fiona Trust & Holding Corporation -v- Yuri Privalov & others [2016]. An applicant for a freezing order was found to have obtained the order wrongly. Consequently they were ordered to pay damages that stretched…

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES  AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

LATE SERVICE OF APPLICATIONS, INACCURATE TIME ESTIMATES AND THE PRESUMPTIONS THE JUDGE SHOULD DRAW

May 29, 2017 · by gexall · in Applications, Case Management, Injunctions

In Capita PLC -v- Darch [2017] EWHC 1248 (Ch) Richard Spearman QC highlighted some of the procedural issues that can arise when applications are served late and with insufficient time estimates.   A failure to serve promptly did not, ultimately,…

EVIDENCE IN PART 8 APPLICATIONS: APPLY IN ADVANCE OR YOU WILL PROBABLY NOT BE ALLOWED TO CALL ANY

EVIDENCE IN PART 8 APPLICATIONS: APPLY IN ADVANCE OR YOU WILL PROBABLY NOT BE ALLOWED TO CALL ANY

February 26, 2017 · by gexall · in Adjournments, Civil evidence, Injunctions, Witness statements

It is unusual to call evidence in Part 8 applications. This is made clear in the judgment of HH Walden-Smith in Wokingham Borough Council -v- Scott [2017] EWHC 294 (QB).  A party failed to make an application to call oral…

THE DUTY ON EX PARTE APPLICATIONS: SOLICITOR INVOLVED NOT ALLOWED TO APPEAL TO THE COURT OF APPEAL AGAINST FINDINGS AGAINST HIM

February 12, 2017 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Conduct, Injunctions

I am returning to the question of the lawyer’s duty on without notice applications. In March 2015 we looked at the case of Boreh -v- Republic of Djibouti [2015] EWHC 769 (Comm)  where Mr Justice Flaux made a clear and unequivocal…

A NEW YEAR'S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)

January 2, 2017 · by gexall · in Civil evidence, Civil Procedure, Conduct, Injunctions, Uncategorized, Useful links

Last year I had 10 new year’s resolutions for litigators.  This year I have one.  (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION…

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

December 28, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Costs, Credibility of experts, Experts, Fundamental Dishonesty, Injunctions, Uncategorized, Witness statements

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS…

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