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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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NOW HERE'S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS' APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT - WHO HAD CAPACITY

NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY

March 20, 2025 · by gexall · in Applications, Civil Procedure, Members Content, Personal Injury

In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB)  HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants.  The claimant had capacity to litigate and yet the defendants sought an order…

CLAIMANTS IN A FATAL ACCIDENT CLAIM HAVE NOT "WON" ANYTHING: SETTLEMENT OF ACTION APPROVED: DETAILS KEPT CONFIDENTIAL

CLAIMANTS IN A FATAL ACCIDENT CLAIM HAVE NOT “WON” ANYTHING: SETTLEMENT OF ACTION APPROVED: DETAILS KEPT CONFIDENTIAL

February 8, 2019 · by gexall · in Access to justice, Applications, Damages, Fatal Accidents, Members Content

In Correa & Ors v BP Plc & Ors [2019] EWHC 232 (QB) Mrs Justice Yip approved damages in a fatal accident case.  The judgment provides a great deal of anonymity but gives a real indication of the difficulties involved. “The…

MORE ON CHILD CLAIMANTS AND THE RECOVERY OF SUCCESS FEES: AN EXTREMELY HELPFUL NOTE FROM THE CLAIMANT'S SOLICITORS

September 26, 2014 · by gexall · in Appeals, Applications, Costs, Members Content, Rule Changes

The post yesterday on children and success fees got a lot of attention. I am grateful to Daniel Higgins head of costs at Gavin Edmonson Solicitors Ltd who was involved in that appeal. His note (reproduced with his permission below)…

RULE CHANGES COMING INTO FORCE ON THE 1st OCTOBER 2014

September 26, 2014 · by gexall · in Civil Procedure, Costs, Members Content, Rule Changes

A reminder that rule changes come into force on the 1st October with links to the relevant rules and useful articles and guidance. AN OUTLINE OF THE CHANGES The following summary  is taken from The Justice guide  The changes are,…

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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
COST BITES 423: THE JUDGE'S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
AN APPLICATION TO STRIKE OUT FOR ABUSE OR PROCESS ADJOURNED - TO SEE WHETHER THIS NEED HAPPEN ON A "ROLLING BASIS": ONE THOUSAND CLAIMANTS STARTED BUT ARE UNLIKELY TO FINISH...

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