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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Budget

RECEIVERS, EXTENSIONS OF TIME AND RIGOROUS COSTS BUDGETING TO ENSURE PROPORTIONALITY

January 14, 2015 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content, Relief from sanctions

The Denton principles were considered by Mr Registrar Jones in Justice Capital Ltd -v- Murphy [2014] All ER (D) 187 (Dec).  There were important issues in relation to proportionality and costs. Of particular interest is the rigorous case management and…

LEEDS LAW SOCIETY MEET THE JUDGES EVENT: JACKSON ONE YEAR (AND A FEW MONTHS) ON

LEEDS LAW SOCIETY MEET THE JUDGES EVENT: JACKSON ONE YEAR (AND A FEW MONTHS) ON

June 18, 2014 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content, Relief from sanctions, Risks of litigation, Striking out, Uncategorized

Yesterday evening Leeds Law Society held a “meet the judges” evening when practitioners met local judges and court staff to discuss issues arising out of the implementation of the Jackson reforms.   Some of the issues were specific to Leeds but most…

SURVIVING MITCHELL 12: READ LEGAL ORANGE AND LITIGATION FUTURES TODAY

March 12, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Costs budgeting, Members Content, Relief from sanctions

The links section of this blog points readers to many and various useful posts and articles on procedure.  Today, however there are two that need singling out as part of the “Surviving Mitchell” strategy. LEGAL ORANGE Reading Mitchell-Proofing your claim…

AMENDED CASE MANAGEMENT CONFERENCE NOTICE: BIRMINGHAM MERCANTILE COURT: A WHOLE HOST OF USEFUL LINKS FOR CASE MANAGEMENT CONFERENCES

March 10, 2014 · by gexall · in Civil Procedure, Costs budgeting, Members Content, Uncategorized, Useful links

Following the 69th amendment to the Civil Procedure Rules Birmingham Mercantile Court has revised its Case Management Conference Notice. This deals with the new statement of truth from the 22nd April. The Notice is worth reading even if you don’t…

COSTS MANAGEMENT HEARINGS AND FORM H: PRACTICAL GUIDANCE AND A USEFUL SCHEDULE

January 29, 2014 · by gexall · in Costs, Costs budgeting, Members Content, Useful links

Costs Management hearings are still  relatively novel.  A previous post set out links to posts and articles that provide some guidance.  Here are a few practical tips and a useful Schedule to highlight the differences.  YOU CAN’T HAVE THINGS TWICE:…

SURVIVING MITCHELL 6: "YOU GOTTA HAVE A PLAN": BE READY FOR TRIAL THE DAY YOU ISSUE

January 23, 2014 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Risks of litigation

The unforgiving nature of the Mitchell decision means that litigators have to be certain that they will be able to comply with any directions that the court orders.  In effect this means that a claimant has to be ready for…

CAN MR MITCHELL STILL GET HIS COSTS? A PROFESSOR'S OPINION

December 4, 2013 · by gexall · in Civil Procedure, Costs, Members Content, Relief from sanctions

The comments section is at the bottom right hand side of this blog and a comment from Professor Hibbert made earlier this week may have been missed by many. I set it out below. No doubt this will give rise to…

PROPORTIONALITY AND COSTS: IT APPLIES TO BIG CASES AS WELL

November 14, 2013 · by gexall · in Applications, Civil Procedure, Costs, Members Content

The short judgment of Mr Justice Males in the case of Vitol Bahrain –v- Nasdec General Trading LLC makes it clear that the issue of proportionality in costs impacts upon cases of every size, even the most major multi-million dollar…

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