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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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"IN VIEW OF THE LAMENTABLE WAY IN WHICH BOTH THESE APPLICATIONS HAVE BEEN PREPARED, I DISALLOW ALL COSTS OF TODAY": JUDGE CRITICAL OF SKELETON ARGUMENTS AND WITNESS STATEMENTS

“IN VIEW OF THE LAMENTABLE WAY IN WHICH BOTH THESE APPLICATIONS HAVE BEEN PREPARED, I DISALLOW ALL COSTS OF TODAY”: JUDGE CRITICAL OF SKELETON ARGUMENTS AND WITNESS STATEMENTS

April 23, 2021 · by gexall · in Applications, Skeleton arguments

In  Ahmed & Anor v Ahmed [2021] EWHC 1021 (Ch) Mr David Halpern QC (sitting as a Deputy High Court Judge) had much to say in relation to manner in which an application was brought before the court. The skeleton…

COUNSEL’S FEES NOT RECOVERABLE UNDER FIXED COSTS REGIME WHERE CASE SETTLED DAY BEFORE HEARING

July 23, 2020 · by gexall · in Costs, Fixed Costs, Skeleton arguments

I am grateful to barrister Sarah Robson for sending me a copy of the decision of Master Haworth in Coleman -v- Townsend [SCC Senior Court Costs Office 13th July 2020). A copy of which is available here Final Judgment Coleman…

ADVOCACY THE JUDGE'S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON'T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)

ADVOCACY THE JUDGE’S VIEW SERIES 4: PART 1: THE DEADLY SINS OF ORAL ADVOCATES: DON’T BE CONFUSING OR BORING (PLUS A RECAP OF THE PREVIOUS SERIES)

August 13, 2019 · by gexall · in Skeleton arguments, Useful links, Written advocacy

After a break of eight months I am starting a new series featuring the guidance the judges give to advocates.  Here I am encouraging you to read The deadly sins of oral advocates: Part One, in the Lawyers Weekly. A…

YOU'RE FIRED: A LITIGATION LAWYER ON THE APPRENTICE 1: PRECEDENTS:  "THAT IS NOT A SKELETON"

YOU’RE FIRED: A LITIGATION LAWYER ON THE APPRENTICE 1: PRECEDENTS: “THAT IS NOT A SKELETON”

September 30, 2018 · by gexall · in Skeleton arguments

This year sees a litigation lawyer featuring as a candidate in the Apprentice, together with a law graduate.  Is there anything we litigators can learn from seeing lawyers on the apprentice? After a challenge was issued I decided to follow…

SETTING JUDGMENT ASIDE: LIMITATION,  SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE - THIS IS THE CPR

SETTING JUDGMENT ASIDE: LIMITATION, SECTION 33 AND DENTON: CARDS ON THE TABLE PLEASE – THIS IS THE CPR

July 15, 2018 · by gexall · in Appeals, Applications, Civil Procedure, Default judgment,, Limitation, Relief from sanctions, Setting aside judgment, Skeleton arguments, Written advocacy

In TPE v Franks [2018] EWHC 1765 (QB) Mr Justice Julian Knowles set aside a default judgment.  The case contains some important observations as to how the courts should consider an application to set aside a default judgment – considering…

ADVOCACY - THE JUDGE'S VIEW, SERIES 2 PART 3: SKELETON ARGUMENTS, PREPARATION AND PRESENTATION: AN ABSOLUTE GOLDMINE

ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 3: SKELETON ARGUMENTS, PREPARATION AND PRESENTATION: AN ABSOLUTE GOLDMINE

November 14, 2017 · by gexall · in Applications, Civil Procedure, Skeleton arguments, Uncategorized, Written advocacy

This blog has many posts that record cases where judges have been critical of the contents (and usually length) of skeleton arguments.  A remedy for most of these issues has been available since 2004.  Gray’s Inn prepared a paper “Skeleton…

"UNNECESSARY, UNHELPFUL & UNACCEPTABLE" : OVER-LONG SKELETON ARGUMENTS – AGAIN.

January 6, 2017 · by gexall · in Appeals, Skeleton arguments, Uncategorized

There have been a series of judgments in the civil courts, notably from Jackson L.J., commenting on the length of skeleton arguments.  The criminal courts are not immune. In R -v- Brandford [2016] EWCA Crim 1749 the Court of Appeal…

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