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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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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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