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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

  • EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
  • EXPERT WATCH 55: WAS THIS WAR? (OR CAUSED BY WAR): TRIAL JUDGE CONSIDERS THE EVIDENCE OF TWO EXPERTS ON GEOPOLITICS, BUT FINDS ONE IS PARTISAN
  • PERSONAL INJURY MATTERS 17 (1): LIABILITY CATCHUP (1): PUB OPERATOR IS NOT VICARIOUSLY LIABLE FOR DOORMEN’S ACTS: A CONCLUSION REACHED “WITH REGRET”
  • COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?
  • COST BITES 410: A CLAIMANT’S COMPLIANCE WITH THE RULES RELATING TO ISSUE AND PLEADING CANNOT BE USED AS A GROUNDS FOR REDUCING ITS RECOVERABLE COSTS

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED

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