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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 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: "VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL"
  • AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..

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