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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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ADJOURNING A HEARING BECAUSE OF A SICK NOTE: COURT OF APPEAL DECISION: MEDICAL EVIDENCE HAS TO ESTABLISH UNFITNESS TO ATTEND HEARING

ADJOURNING A HEARING BECAUSE OF A SICK NOTE: COURT OF APPEAL DECISION: MEDICAL EVIDENCE HAS TO ESTABLISH UNFITNESS TO ATTEND HEARING

December 13, 2018 · by gexall · in Adjournments, Applications, Civil evidence

There have been a number of cases recently relating to applications of hearings on health grounds, in particular the adequacy of the evidence. The relevant principles were reviewed by the Court of Appeal today in General Medical Council v Hayat [2018]…

A JUDGMENT ADJOURNING A TRIAL: THE CLAIMANT DID NOT KNOW WHETHER THE ACTION WAS NECESSARY;  THE TRIAL BUNDLE DID NOT HAVE THE KEY DOCUMENT (AND MORE)

A JUDGMENT ADJOURNING A TRIAL: THE CLAIMANT DID NOT KNOW WHETHER THE ACTION WAS NECESSARY; THE TRIAL BUNDLE DID NOT HAVE THE KEY DOCUMENT (AND MORE)

April 25, 2018 · by gexall · in Adjournments, Bundles, Civil evidence, Civil Procedure, Mediation

The short judgment of Mr Justice Holman in Matthews v Matthews & Anor [2018] EWHC 906 (Fam) looks like a family case. However it is an inheritance claim and contains some surprising revelations. KEY POINTS If you are asking a judge…

COUNSEL’S DUTY IS TO THE CLIENT: GUIDANCE FROM THE UPPER TRIBUNAL

January 14, 2017 · by gexall · in Adjournments, Case Management, Conduct, Sanctions

 There have been strong words issued by the Upper Tribunal (Immigration and Asylum) Chamber recently in relation to non-compliance and the imposition of sanctions.  The Tribunal has more problems in imposing sanctions than most because of the overwhelming need for…

ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION

ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION

April 30, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure

In Decker -v- Hopcraft [2015] EWHC 1170(QB)Mr Justice Warby set out the principles to be considered when a litigant seeks an adjournment of a hearing on the grounds of ill health. The judge held that there were five main factors…

ADJOURNMENT OF SUMMARY JUDGMENT HEARING TO ARGUE NOVATION? NO VAY

October 28, 2014 · by gexall · in Applications, Civil Procedure, Witness statements

In A.T. Stannard Ltd -v- James Tobutt and Thomas Tobutt  [2014] EWHC 3491 (TCC) Mr Justice Akenhead refused an application for the adjournment of a hearing for summary judgment to allow the defendants to, belatedly, argue novation of a contract. THE…

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  • 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
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