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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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"THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE": RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE'S FINDINGS OF FACT FAILED

“THE LADD -V- MARSHALL CRITERIA ARE CUMULATIVE”: RELIEF FROM SANCTIONS GRANTED BUT APPLICATION TO ADDUCE NEW EVIDENCE REFUSED: APPEAL ON JUDGE’S FINDINGS OF FACT FAILED

May 23, 2022 · by gexall · in Appeals, Civil evidence, Relief from sanctions

In Premier Experts London Ltd -v- Rajwani [2022] EWHC 1188 (QB) Sir Andrew Nicol refused the defendant’s application for permission to appeal.  Relief was granted when new evidence was served late, however that evidence failed to satisfy the Ladd -v-…

PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

PAYING PARTY REFUSED PERMISSION TO RELY ON LATE POINTS OF DISPUTE IN ASSESSMENT: DECISION UPHELD ON APPEAL

May 20, 2022 · by gexall · in Appeals, Assessment of Costs, Relief from sanctions

In Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) Mrs Justice Foster refused the defendant’s appeal in a case where a very late addition to the points of dispute had been refused by Master Campbell.  The issues that…

PROVING THINGS 232: "THE RULES OF THE GAME OF ASSOCIATION FOOTBALL HAVE NOT BEEN DRAFTED WITH CIVIL LIABILITY IN MIND": APPEAL LEADS TO OVERTURNING OF JUDGMENT ON FOOTBALLER'S NEGLIGENCE: A REMATCH IS ORDERED

PROVING THINGS 232: “THE RULES OF THE GAME OF ASSOCIATION FOOTBALL HAVE NOT BEEN DRAFTED WITH CIVIL LIABILITY IN MIND”: APPEAL LEADS TO OVERTURNING OF JUDGMENT ON FOOTBALLER’S NEGLIGENCE: A REMATCH IS ORDERED

May 18, 2022 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Personal Injury

In Fulham Football Club v Jones [2022] EWHC 1108 (QB) Mr Justice Lane allowed an appeal in a case where a footballer had found to be negligent when tackling an opponent.  The judgment considers the issue of liability in the…

HOW COSTS HAVE CHANGED SINCE THE WORLD WAS YOUNG: SOLICITOR'S APPEAL AGAINST A REFUSAL TO ORDER A STAY AND SECURITY FOR COSTS DISMISSED: APPEAL FOR AN ORDER THAT SOLICITORS REPLY TO PART 18 QUESTIONS ALLOWED

HOW COSTS HAVE CHANGED SINCE THE WORLD WAS YOUNG: SOLICITOR’S APPEAL AGAINST A REFUSAL TO ORDER A STAY AND SECURITY FOR COSTS DISMISSED: APPEAL FOR AN ORDER THAT SOLICITORS REPLY TO PART 18 QUESTIONS ALLOWED

May 11, 2022 · by gexall · in Appeals, Costs

In the judgment today in Edwards (& others) -v- Slater and Gordon UK Limited [2022] EWHC 1091 (QB) Mr Justice Ritchie disallowed the defendant’s appeal in relation to issues relating to disclosure, funding and security for costs.  He allowed the…

PROVING THINGS 230: NEGLIGENCE AND BREACH MUST STILL BE PROVEN WHEN BRINGING CONTRIBUTION PROCEEDINGS

May 10, 2022 · by gexall · in Appeals, Civil evidence, Professional negligence,

In  Percy v White & Anor [2022] EWCA Civ 493 the Court of Appeal overturned a decision based on a contribution notice. This case makes it clear that a party bringing contribution proceedings still has to establish breach and causation…

COURT OF APPEAL ALLOW APPEAL AGAINST AN ORDER STRIKING OUT AN ACTION: A CASE WITH "A NUMBER OF EXTRAORDINARY FEATURES", NOT LEAST THAT THE DEFENDANT'S EVIDENCE WAS UNRELIABLE

COURT OF APPEAL ALLOW APPEAL AGAINST AN ORDER STRIKING OUT AN ACTION: A CASE WITH “A NUMBER OF EXTRAORDINARY FEATURES”, NOT LEAST THAT THE DEFENDANT’S EVIDENCE WAS UNRELIABLE

May 5, 2022 · by gexall · in Appeals, Civil evidence, Personal Injury, Witness statements

In  Storey v British Telecommunications Plc [2022] EWCA Civ 616 the Court of Appeal allowed an appeal against an order striking out an personal injury action.  The court was fairly critical about the evidence that had been placed before it…

RELIEF FROM SANCTIONS: NOT ALL BAD REASONS FOR DEFAULT ARE EQUALLY BAD: A PARTY CANNOT ASSERT PREJUDICE BY BEING SILENT

RELIEF FROM SANCTIONS: NOT ALL BAD REASONS FOR DEFAULT ARE EQUALLY BAD: A PARTY CANNOT ASSERT PREJUDICE BY BEING SILENT

May 3, 2022 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Relief from sanctions

In EXN v East Lancashire Hospitals NHS Trust & Anor [2022] EWHC 872 (QB) Mr Justice Turner allowed an appeal where a District Judge had refused to grant relief from sanctions.  The judgment is particularly interesting in that it notes…

COURT OF APPEAL UPHOLDS RELIEF FROM SANCTIONS GRANTED WHEN A PARTY HAD NOT MADE A FORMAL APPLICATION

COURT OF APPEAL UPHOLDS RELIEF FROM SANCTIONS GRANTED WHEN A PARTY HAD NOT MADE A FORMAL APPLICATION

May 3, 2022 · by gexall · in Appeals, Relief from sanctions

In Park v Hadi & Anor [2022] EWCA Civ 581 the Court of Appeal upheld a decision granting a claimant relief from sanctions. The initial application had been made informally, during the course of an application, the defendant’s appeal against…

EXCESSIVE COSTS INCURRED IN ARGUING ABOUT COSTS: A PARTY OBTAINING RELIEF FROM SANCTIONS WAS CORRECTLY ORDERED TO PAY THE COSTS OF THE APPLICATION: "RULES EXIST FOR A REASON"

EXCESSIVE COSTS INCURRED IN ARGUING ABOUT COSTS: A PARTY OBTAINING RELIEF FROM SANCTIONS WAS CORRECTLY ORDERED TO PAY THE COSTS OF THE APPLICATION: “RULES EXIST FOR A REASON”

April 14, 2022 · by gexall · in Appeals, Assessment of Costs, Costs, Relief from sanctions, Setting aside judgment

In  Swivel UK Ltd v Tecnolumen GmbH & Anor [2022] EWHC 825 (Ch) Mr Justice Marcus Smith upheld the decision of a Master that a party that had obtained relief from sanctions should pay the costs of the application.  It…

APPEALING FACTS IN THE COURT OF APPEAL: "ISLAND HOPPING" IS HARD TO DO

APPEALING FACTS IN THE COURT OF APPEAL: “ISLAND HOPPING” IS HARD TO DO

April 6, 2022 · by gexall · in Appeals

In Volpi & Anor v Volpi [2022] EWCA Civ 464 the Court of Appeal highlighted the difficulties an appellant faces when seeking to appeal findings of fact.  Such appeals are not always unsuccessful, however the appellant faces a very difficult…

LEADING COUNSEL MAY HAVE BEEN IN CONTEMPT OF COURT: "LAWYERS INVOLVED IN CASES OF THIS KIND HAVE A PROFESSIONAL RESPONSIBILITY TO INFORM THEMSELVES ABOUT THE RULES AND ABIDE BY THEM"

LEADING COUNSEL MAY HAVE BEEN IN CONTEMPT OF COURT: “LAWYERS INVOLVED IN CASES OF THIS KIND HAVE A PROFESSIONAL RESPONSIBILITY TO INFORM THEMSELVES ABOUT THE RULES AND ABIDE BY THEM”

April 5, 2022 · by gexall · in Appeals, Civil Procedure

There has been a number of judgments recently concerning the disclosure of embargoed judgments. The Court of Appeal decision in   Griffiths  v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent)  [2022] EWCA Civ 465…

IF YOU WANT HOURLY RATES HIGHER THAN THE GUIDELINE FIGURES YOU HAVE TO PROVIDE "A CLEAR AND COMPELLING JUSTIFICATION": COURT OF APPEAL DECISION  TODAY

IF YOU WANT HOURLY RATES HIGHER THAN THE GUIDELINE FIGURES YOU HAVE TO PROVIDE “A CLEAR AND COMPELLING JUSTIFICATION”: COURT OF APPEAL DECISION TODAY

April 5, 2022 · by gexall · in Appeals, Costs

In  Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 the Court of Appeal sent out a clear message that if a party wants hourly rates outside the guideline rates then…

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

COURT OF APPEAL UPHOLDS DECISION SETTING ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: CASE ON HEAD OF ALEXANDER THE GREAT GOES BUST

March 30, 2022 · by gexall · in Appeals, Service of the claim form, Serving documents

In  Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 the Court of Appeal upheld a decision setting aside an order granting an extension of time for service of the…

COURT OF APPEAL UPHOLDS AN ORDER THAT NO COSTS BE ORDERED ON AN APPEAL

COURT OF APPEAL UPHOLDS AN ORDER THAT NO COSTS BE ORDERED ON AN APPEAL

March 30, 2022 · by gexall · in Appeals, Costs, Relief from sanctions

In South Lodge Flats Limited v Malik [2022] EWCA Civ 411 the Court of Appeal upheld a decision that no order for costs be made on an appeal.  The defendants had succeeded in the appeal but required the indulgence of…

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: "RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS"

COURT OF APPEAL DISMISSES APPEAL WHEN CLAIM FORM SERVED ONE DAY LATE: “RELIANCE ON NON-COMPLIANT SERVICE IS NOT ONE OF THE INSTANCES OF OPPORTUNISM DEPRECATED BY THE COURTS”

March 24, 2022 · by gexall · in Appeals, Applications, Service of the claim form

In The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 the Court of Appeal dismissed the claimant’s appeal against a a decision not granting any relief…

PROVING THINGS 227: FAILURE TO PROVE A DEBT CLAIM: "THE PROOF REQUIRED TO DEMONSTRATE THAT THE CLAIMANT IS ENTITLED TO THE SUMS WHICH IT CLAIMS IS SADLY LACKING"

PROVING THINGS 227: FAILURE TO PROVE A DEBT CLAIM: “THE PROOF REQUIRED TO DEMONSTRATE THAT THE CLAIMANT IS ENTITLED TO THE SUMS WHICH IT CLAIMS IS SADLY LACKING”

March 23, 2022 · by gexall · in Appeals, Case Management, Civil evidence, Damages

The judgment of Mr Justice Turner in Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) illustrates a failure by a claimant to prove a debt claim.  It is (yet another) object lesson that facts and evidence are needed…

ANOTHER CASE OF A JUDGMENT EMBARGO BEING BREACHED: ALL RECIPIENTS NEED TO UNDERSTAND THE IMPORTANCE AND BREADTH OF THE EMBARGO ON DRAFT JUDGMENTS

ANOTHER CASE OF A JUDGMENT EMBARGO BEING BREACHED: ALL RECIPIENTS NEED TO UNDERSTAND THE IMPORTANCE AND BREADTH OF THE EMBARGO ON DRAFT JUDGMENTS

March 23, 2022 · by gexall · in Appeals, Civil Procedure, Conduct

In The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 368 the Court of Appeal considered yet another case of breach of an embargoed judgment. There was clearly a breach (somewhere) which…

SOLICITORS, AIRLINES AND LIENS: SUPREME COURT DECISION

SOLICITORS, AIRLINES AND LIENS: SUPREME COURT DECISION

March 16, 2022 · by gexall · in Access to justice, Appeals

In Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 the Supreme Court allowed an appeal from the Court of Appeal. The Court of Appeal had held that the solicitors were not providing a litigation service in the…

WHY YOU SHOULDN'T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A "MINI TRIAL" ON SUMMARY JUDGMENT APPLICATIONS

WHY YOU SHOULDN’T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A “MINI TRIAL” ON SUMMARY JUDGMENT APPLICATIONS

March 15, 2022 · by gexall · in Appeals, Applications, Striking out, Summary judgment

In  Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank.  The court emphasised that summary judgment applications should…

SOLICITOR CANNOT TAKE OVER CLIENT'S CAUSE OF ACTION: COURT OF APPEAL CONSIDERS ISSUES RELATING TO CHAMPERTY

SOLICITOR CANNOT TAKE OVER CLIENT’S CAUSE OF ACTION: COURT OF APPEAL CONSIDERS ISSUES RELATING TO CHAMPERTY

March 14, 2022 · by gexall · in Appeals, Costs, Uncategorized

In  Farrar & Anor v Miller [2022] EWCA Civ 295 the Court of Appeal upheld a decision that a firm of solicitors could not continue an action that had been assigned to them by their client.   “a champertous agreement…

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