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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Appellate court

WITNESS STATEMENTS & DISCLOSURE: OMISSIONS MEAN THAT CASE FAILS AT SECOND HURDLE AND HAS TO GO BACK TO THE START

November 24, 2016 · by gexall · in Appeals, Disclosure, Members Content, Uncategorized, Witness statements

S  When a proponent of proportionate litigation, such as Jackson L.J., orders a retrial in a case where the judgment was for £4,449 the case merits examination. In Knowles -v- Watson [2016] EWCA Civ 1122 a re-trial was ordered because…

DESTINATION OF APPEALS: THE NEW RULES

October 7, 2016 · by gexall · in Members Content, Rule Changes, Uncategorized

The Access to Justice Act 1999 (Destination of Appeals) Order 2016 makes some important changes to the destination of appeals. It “simplifies” the appeals process so that, as far as possible, an appeal lies to the next level of judge….

STATEMENT THAT THE APPELLANTS WERE CROOKS DID NOT GIVE RISE TO GROUNDS FOR RE-OPENING AN APPEAL

May 4, 2016 · by gexall · in Appeals, Applications, Members Content, Uncategorized

In the judgment given today in Goldtrail Travel Limited -v- Aydin [2016] EWCA Civ 439 the Court of Appeal rejected an application under CPR 52.17 to re-open an appeal on the grounds of bias. THE CASE The Court of Appeal…

TRUSTEE IN BANKRUPTCY NOT LIABLE FOR COSTS INCURRED BEFORE ADOPTION OF PROCEEDINGS: SUPREME COURT DECISION TODAY

June 17, 2015 · by gexall · in Appeals, Civil Procedure, Costs, Members Content

In a short judgment today in BPE Solicitors -v- Gabriel [2015] UKSC 39 the Supreme Court considered the question of whether a Trustee in Bankruptcy who adopts proceedings thereby becomes liable for the previous costs incurred in that action. THE…

COURT OF APPEAL UPHOLDS ORDER STRIKING OUT CLAIM FOR FAILURE TO SERVE EXPERT REPORT: DON'T PARK THE LORRY WHEN THE TIDE IS AGAINST YOU

May 13, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Expert evidence, Members Content, Relief from sanctions

In Elliott -v- Stobart Group Ltd [2015] EWCA Civ 449 the Court of Appeal upheld a decision to strike out an application for damages because of a failure to serve a medical report. “In my judgment Judge Platts was correct…

PERMISSION TO APPEAL NOT NEEDED FROM JUDGE AT FIRST INSTANCE (BUT YOU SHOULD STILL ASK).

May 8, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

In P -v- P [2-15] EWCA Civ 447 the Court of Appeal held that it is not mandatory for a party who wishes to appeal to seek permission from the judge at first instance. THE CASE The Court of Appeal…

APPLICATION TO SET ASIDE JUDGMENT MADE LATE IN THE DAY: APPEAL AGAINST REFUSAL TO SET JUDGMENT ASIDE ALLOWED

May 5, 2015 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

In Priestley -v- Dunbar [2015] EWHC 987 (Ch) H.H.Judge Behrens (sitting as a judge of the High Court) overturned an earlier decision refusing to set judgment aside on the grounds of delay. THE CASE The claimant had obtained default judgment…

DOES THE COURT OF APPEAL NEED TO "SHOW ITS WORKINGS"? ALL KICKING OFF IN THE COURT OF PROTECTION

March 23, 2015 · by gexall · in Appeals, Civil Procedure, Members Content

An interesting point of procedure arose in the decision of Mr Justice Mostyn in Rochdale Metropolitan Council -v- KW [2015] EWCOP 13.  Is a Court of Appeal decision valid when it is allowed by consent and there is no reasoned…

FINDINGS OF FACT AND CREDIBILITY: THE COURT OF APPEAL WILL RARELY INTERFERE

October 16, 2014 · by gexall · in Appeals, Applications, Civil evidence, Disclosure, Members Content, Witness statements

The decision of the Court of Appeal today  in Exsus Travel Ltd -v- James Turner [2014] EWCA Civ 1331 reinforces the points made in earlier posts about the reluctance of the Court of Appeal to interfere with findings of fact…

CHANGES TO PRACTICE DIRECTIONS GOVERNING APPEALS TO THE SUPREME COURT

November 12, 2013 · by gexall · in Appeals, Civil Procedure, Members Content

Appealing to the Supreme Court is likely to an extremely rare event for most practitioners. The Supreme Court has its own specific rules. “The Supreme Court has its own Directions which replace the Civil, Criminal and Taxation Practice directions and…

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COST BITES 455: COURT OF APPEAL DECISION TODAY ON WHETHER A CLIENT IS ENTITLED TO RAISE PART 18 QUESTIONS AS TO WHETHER THE SOLICITOR OBTAINED COMMISSION ON AN ATE PREMIUM
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: "THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION"
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