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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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Recent Posts

  • DRAFTING A DEFENCE TO COUNTERCLAIM: SOME IMPORTANT POINTS: YOU HAVE TO COMPLY WITH CPR 16 AND DO IT FULLY AND PROPERLY
  • DRAFTING A REPLY: WHAT IT SHOULD CONTAIN AND WHAT IT SHOULD NOT: THE KEY ISSUES CONSIDERED
  • BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM
  • COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS…)
  • THE IMPORTANCE OF MAKING AN APPLICATION TO EXTEND TIME BEFORE THE DATE OF COMPLIANCE: THE COURT DOES NOT CONSIDER DENTON PRINCIPLES EVEN IF THE APPLICANT FAILS TO MEET THEIR OWN PROPOSED TIMETABLE

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TUPE DOES NOT PASS ON LIABILITIES TO THIRD PARTIES: COURT OF APPEAL DECISION TODAY
THE IMPORTANT DISTINCTION BETWEEN AN APPLICATION TO STRIKE OUT AND ONE FOR SUMMARY JUDGMENT: DECISION TO STRIKE OUT ALLOWED ON APPEAL BECAUSE THE JUDGE HAD WRONGLY CONSIDERED THE MERITS
LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (2): HOW TO SPOT "FALSE" AUTHORITIES AND WHAT TO DO ABOUT IT (PLUS SOME USEFUL LINKS)
COST BITES 449 : YOUR CASE AGAINST ME WAS DISMISSED BECAUSE YOU HAD NO PROPER CAUSE OF ACTION: SHOULD I GET 100% OF MY COSTS ON THE INDEMNITY BASIS? (LIFE IS MORE NUANCED THAN THIS...)
EXPERT WATCH 71: "I DO NOT ATTACH WEIGHT TO THIS REPORT AS EXPERT EVIDENCE": THE EXPERT WAS "ADVOCATING" AND "HE TRESPASSES INTO THE ROLE RESERVED TO THE TRIBUNAL"

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