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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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BREXIT, APPLICATIONS AND THE LEGAL LABYRINTH: A CASE TO POINT

BREXIT, APPLICATIONS AND THE LEGAL LABYRINTH: A CASE TO POINT

July 8, 2021 · by gexall · in Applications, Brexit, Civil Procedure, Members Content

The legal problems caused by Brexit raised their head in the judgment of Master Clark in Shanavazi, Re [2021] EWHC 1832 (Ch).   “It will be apparent from this judgment that a relatively simple practical problem has given rise to…

THE USE OF EXPERT WITNESSES TO CONSTRUE EUROPEAN DIRECTIVES AFTER BREXIT:  HOW THE COURT WORKS WITH "ONE OR BOTH HANDS TIED BEHIND ITS BACK"

THE USE OF EXPERT WITNESSES TO CONSTRUE EUROPEAN DIRECTIVES AFTER BREXIT: HOW THE COURT WORKS WITH “ONE OR BOTH HANDS TIED BEHIND ITS BACK”

June 16, 2021 · by gexall · in Appeals, Brexit, Civil evidence, Expert evidence, Experts, Members Content

In  Greenaway v Parrish & Ors [2021] EWHC 1506 (QB) Mr Justice Martin Spencer considered the “nightmare position” the courts are now in as a result of the European Union (Withdrawal) Act 2018 in relation to interpreting European Directives.   This…

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

CONSTRUING REGULATIONS AFTER BREXIT: COURT OF APPEAL GUIDANCE: THE CASE OF THE ABSENT PILOT

March 30, 2021 · by gexall · in Appeals, Brexit, Members Content

I am grateful to my colleague Michael Rawlinson QC for sending me a copy of the Court of Appeal judgment in Lipton -v- BA City Flyer Limited [2021] EWCA Civ 454. The judgment of Lord Justice Green contains a comprehensive…

BREXIT AND CIVIL PROCEDURE:  EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

BREXIT AND CIVIL PROCEDURE: EXPERTS ARE NOT BE CROSS EXAMINED ON FORESEEABILITY OF UK LEAVING THE EU

January 14, 2019 · by gexall · in Brexit, Civil evidence, Expert evidence, Experts, Members Content

This is a far less exciting case than the headline suggests, however it is the first  case I have seen about the impact of Brexit on civil procedure (albeit indirectly). In Canary Wharf (Bp4) T1 Ltd & Ors v European Medicines…

BREXIT: THE LEGAL CONSEQUENCES: USEFUL LINKS

June 25, 2016 · by gexall · in Brexit, Members Content, Uncategorized, Useful links

The vote to leave the EU has legal consequences across a wide range of practice areas. Here I aim to provide links to useful posts and articles that discuss those issues. This post is updated regularly. THE INDIVIDUAL SECTIONS There…

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Recent Posts

  • SERVICE POINTS 58: ACCIDENT IN ENGLAND, CLAIMANTS LIVING IN AUSTRALIA: DEFENDANT’S APPLICATION TO CHALLENGE JURISDICTION REFUSED
  • EXPERT WATCH 81: EXPERT EVIDENCE ON APPEAL: COMPANY PERMITTED TO RELY ON IT EXPERT TO EXPLAIN WHY ITS DIRECTORS THOUGHT A REGULATOR’S EMAIL WAS A PHISHING ATTEMPT
  • THROWBACK FRIDAY: IN THE RUN UP TO HALLOWEEN: MISSIVES FROM THE BENCH (OCTOBER 2021): “THAT ONE’S HALF BLIND AND HALF DEAF. I CALL HIM THE COURT OF APPEAL…”
  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…
  • NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)

Top Posts

CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
SERVICE POINTS 57: PRESENCE IN THE JURISDICTION, A LAST KNOWN ADDRESS AND THE COST OF GETTING IT WRONG: UNSUCCESFUL CLAIMANT FACES A COSTS BILL OF £500,000...

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