Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Litigants in person
RELIEF FROM SANCTIONS, LATE SERVICE OF NOTICE TO APPEAL AND THE LITIGANT IN PERSON

RELIEF FROM SANCTIONS, LATE SERVICE OF NOTICE TO APPEAL AND THE LITIGANT IN PERSON

March 27, 2019 · by gexall · in Appeals, Applications, Extensions of time, Litigants in person, Relief from sanctions

In  London Borough of Hamlets v Al Ahmed [2019] EWHC 749 (QB) Mr Justice Dove set aside an order granting an appellant an extension of time for appealing.  The fact that the appellant was a litigant in person was not a…

ANOTHER CIVIL CONTEMPT OF COURT OVERTURNED: BREACHES OF REQUIREMENT FOR A FAIR HEARING MEANT ORDER MUST BE QUASHED

ANOTHER CIVIL CONTEMPT OF COURT OVERTURNED: BREACHES OF REQUIREMENT FOR A FAIR HEARING MEANT ORDER MUST BE QUASHED

January 30, 2019 · by gexall · in Abuse of Process, Access to justice, Committal proceedings, Litigants in person

I am starting to lose count of the number of times the Court of Appeal has overturned decisions committing people to prison because of very basic and fundamental failures of procedure.  It is as though all the strictures against fair…

LITIGANTS IN PERSON AND THE USE OF COURT TIME: AN EXAMPLE OF THINGS TO COME?

LITIGANTS IN PERSON AND THE USE OF COURT TIME: AN EXAMPLE OF THINGS TO COME?

January 10, 2019 · by gexall · in Access to justice, Appeals, Applications, Litigants in person

The case of  Zaman v Portsmouth City Council [2018] EWHC 3592 (QB) makes interesting reading for anyone concerned about the effect that the increasing number of litigants in person could have on the court system. THE CASE The claimant sought payment…

CIVIL EVIDENCE AND LITIGANTS IN PERSON : THE DANGERS OF A JUDGE ASKING  LEADING QUESTIONS

CIVIL EVIDENCE AND LITIGANTS IN PERSON : THE DANGERS OF A JUDGE ASKING LEADING QUESTIONS

November 27, 2018 · by gexall · in Access to justice, Appeals, Civil evidence, Litigants in person

In Global Corporate Ltd v Hale [2018] EWCA Civ 2618 the Court of Appeal emphasised the dangers of a judge asking  leading questions of a witness. It is a case that highlights the difficulties of trials involving litigants in person. THE…

MISTAKES, APPEALS, DENTON AND LITIGANTS IN PERSON: "JUDGES DIFFER, ONE FROM ANOTHER, IN SMALL, HUMAN, WAYS"

MISTAKES, APPEALS, DENTON AND LITIGANTS IN PERSON: “JUDGES DIFFER, ONE FROM ANOTHER, IN SMALL, HUMAN, WAYS”

March 29, 2018 · by gexall · in Appeals, Applications, Extensions of time, Litigants in person

In EDF Energy Customers Ltd v Re-Energized Ltd [2018] EWHC 652 (Ch)  HHJ Paul Matthews (sitting as a High Court Judge) carried out a comprehensive review of the authorities relating to the latitude to be afforded to litigants in person. It…

LITIGANTS IN PERSON: SUBJECT TO THE SAME LAW AS EVERYBODY ELSE (BUT CASE MANAGEMENT DIRECTIONS MAY BE DIFFERENT)

March 14, 2018 · by gexall · in Appeals, Bundles, Case Management, Litigants in person

The judgment in  Reynard v Fox [2018] EWHC 443 (Ch) has already been written about in the legal press.  Indeed it bristles with procedural issues, I want to concentrate on the issue of the treatment of litigants in person.   THE…

ATTENDING A HMCTS REFORM ROADSHOW: "JUSTICE BY SNAPCHAT"?

ATTENDING A HMCTS REFORM ROADSHOW: “JUSTICE BY SNAPCHAT”?

February 27, 2018 · by gexall · in Applications, Litigants in person, Rule Changes

There have been a  series of HMCTS Reform Roadshows throughout the country. These are discussing reforms to courts and tribunals. Discussing “Virtual Hearings”; “Flexible Operating Hours” and “Scheduling and Listing”  I attended the Roadshow in Leeds. I made notes.  This…

SOME FEEDBACK - WHEN DEFENCE TURNS TO COUNTERCLAIM

SOME FEEDBACK – WHEN DEFENCE TURNS TO COUNTERCLAIM

November 20, 2017 · by gexall · in Access to justice, Applications, Litigants in person

Feedback from readers is rare.  I received a letter today which the author has given be permission to reproduce.   Just a quick note of thanks. I’m an LIP, having been involved in litigation as defendant for the last 3…

WHY DISTRICT JUDGES SOMETIMES NEED THE PATIENCE OF SEVERAL SAINTS

WHY DISTRICT JUDGES SOMETIMES NEED THE PATIENCE OF SEVERAL SAINTS

September 21, 2017 · by gexall · in Access to justice, Case Management, Litigants in person

In a recent case Mr Justice Kerr said, of employment judges “Employment Judges sometimes have to have the patience of a saint to do their job and are appointed because they are considered to have it, among other reasons.”*  Those…

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER  OF SETTLEMENT IS AN ABUSE OF PROCESS

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER OF SETTLEMENT IS AN ABUSE OF PROCESS

March 10, 2017 · by gexall · in Appeals, Applications, Conduct, Litigants in person, Risks of litigation

In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage  with an open offer of settlement amounted…

BOMBARDING THE COURT: AN IMPORTANT POSTSCRIPT

December 9, 2016 · by gexall · in Case Management, Civil Procedure, Litigants in person, Uncategorized

There is an important postscript to the judgment of Lady Justice King in Agarwala -v- Agarwala [2016] EWCA Civ 1252. It sets out the dangers of “bombarding” the court with communications and applications.   It sets out a course of…

NO SPECIAL RULES FOR LITIGANTS IN PERSON: COSTS DO NOT FOLLOW THE EVENT FOLLOWING UNREASONABLE CONDUCT

December 11, 2015 · by gexall · in Civil Procedure, Conduct, Costs, Litigants in person, Uncategorized

Master Mathews faced an unusual scenario in Jones -v- Longley [2015] EWHC 3362 (Ch).  This case highlights the fact that litigants in person are not subject to any special rules and are liable to have orders for costs made against…

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 22,992 other subscribers

Recent Posts

  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES
  • “WHAT’S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?” WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED
  • SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY…
  • “DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE – KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
  • THE NEW WITNESS STATEMENT REQUIREMENTS AND ADMIRALTY CLAIMS: NEW RULES WILL APPLY

Top Posts & Pages

  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES
  • SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY...
  • "WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED
  • “DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE - KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
  • THE NEW WITNESS STATEMENT REQUIREMENTS AND ADMIRALTY CLAIMS: NEW RULES WILL APPLY

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin