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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING

ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING

December 4, 2020 · by gexall · in Bundles, Case Management, Remote hearings

Readers have been waiting, with anticipation, for cases about electronic bundles.   The judgment of HHJ Pearce in Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) shows the problems that can occur in relation…

YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY "EMBRACE IT: IT WILL MAKE YOUR JOB EASIER"

YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”

November 12, 2020 · by gexall · in Bundles, Case Management, Coronavirus, Remote hearings

In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely.  I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …

THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE'S LAMENT

THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE’S LAMENT

November 9, 2020 · by gexall · in Applications, Bundles, Case Management

In  Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) Mr Justice Turner allowed the defendants’ application to strike out the claim being brought by 202,600 claimants.   Here we look at the observations in relation…

GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY

GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY

May 20, 2020 · by gexall · in Bundles, Case Management, Coronavirus

Mr Justice Mann has issued the following guidance on PDF bundles today. It provides practical guidance as to the matters that should be included in bundles, including the need for optical recognition, the need for the documents to be in…

AN ELECTRONIC BUNDLE SHOULD BE CONFINED TO "ESSENTIAL" DOCUMENTS: IT HELPS IF COUNSEL HAS A SAY IN ITS PREPARATION: IMPORTANCE GUIDANCE FROM THE HIGH COURT

AN ELECTRONIC BUNDLE SHOULD BE CONFINED TO “ESSENTIAL” DOCUMENTS: IT HELPS IF COUNSEL HAS A SAY IN ITS PREPARATION: IMPORTANCE GUIDANCE FROM THE HIGH COURT

May 11, 2020 · by gexall · in Bundles, Civil Procedure, Remote hearings

In the judgment given this morning in  Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) HHJ Cox QC (sitting as a High Court Judge) gave some importance guidance in relation to the preparation and presentation of an…

COVID REPEATS 17: SEDLEY'S LAW OF DOCUMENTS

COVID REPEATS 17: SEDLEY’S LAW OF DOCUMENTS

May 10, 2020 · by gexall · in Bundles, Coronavirus

It was clearly his extensive experience with trial bundles that led Sedley L.J. to write “Sedley’s Laws of Documents”.  These are laws that should be considered, in detail, by every litigator.  For many, many years, a post I wrote on…

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS

March 28, 2020 · by gexall · in Applications, Bundles, Coronavirus, Remote hearings, Useful links

Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub”     TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…

EBUNDLING: VERY USEFUL STEP BY STEP GUIDE

EBUNDLING: VERY USEFUL STEP BY STEP GUIDE

March 23, 2020 · by gexall · in Bundles, Coronavirus, Useful links

James M Turner QC has prepared an EBundling Guide to help advocates and other deal with the issue of preparing bundles.  This is a task we may all have to come to terms with in the very near future. The…

E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT

E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT

March 4, 2020 · by gexall · in Bundles, Case Management, Civil Procedure, Useful links

The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…

2019 AND CIVIL PROCEDURE - A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT...

2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…

December 31, 2019 · by gexall · in Assessment of Costs, Avoiding negligence claims, Bundles, Case Management, Civil evidence, Civil Procedure, Committal proceedings, Costs, Costs budgeting, Credibility of experts, Expert evidence, Experts, Useful links, Witness statements, Written advocacy

There have been a series of annual reviews on key topics throughout December.  To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: "CAN A DEAD PERSON BE TAKEN TO COURT?"

2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”

December 27, 2019 · by gexall · in Bundles, Case Management, Civil evidence, Civil Procedure

The statistics at the end of the year are always interesting (to me at least).  The search terms that lead to this blog can be quite illuminating (and sometimes quite alarming…).   MOST READ POSTS OF 2019 After seven years…

2019 AND CIVIL PROCEDURE - THE YEAR IN REVIEW (1): BUNDLES

2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (1): BUNDLES

December 2, 2019 · by gexall · in Bundles, Civil evidence, Civil Procedure

I am sorry to be starting the annual review of procedure so early, but December is a busy month and there is a lot to fit in.  I’ll start with the subject that has constantly drawn the most readers to…

OPENING LINES OF JUDGMENTS:  A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

OPENING LINES OF JUDGMENTS: A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS

October 1, 2019 · by gexall · in Bundles, Case Management

This year has been fairly sparse in relation to notable opening lines to judgments. It is indeed difficult to match up to Martinez (t/a Prick) & Anor v Prick Me Baby One More Time Ltd (t/a Prick) & Anor [2018] EWHC…

WHAT A DAY FOR BUNDLES - SUPREME COURT SHENANIGANS DOESN'T LEAD TO PANNICK: A RECAP OF AVAILABLE GUIDANCE

WHAT A DAY FOR BUNDLES – SUPREME COURT SHENANIGANS DOESN’T LEAD TO PANNICK: A RECAP OF AVAILABLE GUIDANCE

September 18, 2019 · by gexall · in Appeals, Bundles, Civil evidence

Yesterday the Supreme Court was hearing two appeals in relation to the the prorogation of Parliament.  The line up of legal talent is immense.  However every single litigation lawyer watching could identify with the problems that the court was having…

BUNDLES AGAIN: DOUBLE SIDED BUNDLES - A MUST AT TRIAL - A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES...)

BUNDLES AGAIN: DOUBLE SIDED BUNDLES – A MUST AT TRIAL – A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES…)

July 25, 2019 · by gexall · in Appeals, Bundles

  There was much excitement about the rules changes so that bundles for applications and trials should be double-sided.  However nothing is consistent in legal procedure. I am grateful to barrister Matt Jackson for sending me a (highly redacted) copy…

ANOTHER POST ON THE AUTHORITIES BUNDLE: THE SUPREME COURT SAY THEY SHOULD BE IN ALPHABETICAL ORDER: GUIDANCE FROM THE NICE LAWYERS OF TWITTER

July 23, 2019 · by gexall · in Appeals, Bundles

Earlier today I reported on a comment from the Court of Appeal that it did not help for authorities to be placed in alphabetical order.  I commented on the absence of clear guidance.  Here we look at the views from…

A SECOND POST ABOUT BUNDLES OF AUTHORITIES: SORTING OF AUTHORITIES BY ALPHABETICAL ORDER NOT HELPFUL: COMMENTS FROM THE COURT OF APPEAL TODAY

A SECOND POST ABOUT BUNDLES OF AUTHORITIES: SORTING OF AUTHORITIES BY ALPHABETICAL ORDER NOT HELPFUL: COMMENTS FROM THE COURT OF APPEAL TODAY

July 23, 2019 · by gexall · in Appeals, Bundles

The Court of Appeal adjourned the hearing today in Swift -v- Carpenter.  Looking at the footage at 1.04 you can see a comment by the court in relation to the bundle of authorities.   THE BUNDLE WAS IN ALPHABETICAL ORDER…

PREPARE A NON-COMPLIANT BUNDLE OF AUTHORITIES: THE RISKS OF COSTS BEING DISALLOWED: COURT OF APPEAL SOUNDS A WARNING

PREPARE A NON-COMPLIANT BUNDLE OF AUTHORITIES: THE RISKS OF COSTS BEING DISALLOWED: COURT OF APPEAL SOUNDS A WARNING

July 16, 2019 · by gexall · in Appeals, Bundles, Case Management

In  the judgment today in Parr v Keystone Healthcare Ltd & Ors [2019] EWCA Civ 1246 Lord Justice Lewison expressed concerns about the failure to follow the Practice Direction on the citation of authorities.   THE CASE The Court of…

BUNDLES: CIVIL CASES IN THE FAMILY DIVISION: COMPLY WITH THE RULES

BUNDLES: CIVIL CASES IN THE FAMILY DIVISION: COMPLY WITH THE RULES

June 26, 2019 · by gexall · in Bundles, Case Management

In Re XY [2019] EWHC 1610 (Fam) Mr Justice Williams made it clear that all cases heard in the Family Division are subject to the Division rules relating to bundles. “For applications such as those under the Inheritance (Provision for…

ATTEMPTING TO OBTAIN EXTENSIONS OF TIME BY INFORMAL EMAIL : THE COURT TAKES A "SINGULARLY DIM VIEW" OF ATTEMPTS BY PARTIES TO CIRCUMVENT THE RULES (OH, AND BUNDLES AGAIN)

ATTEMPTING TO OBTAIN EXTENSIONS OF TIME BY INFORMAL EMAIL : THE COURT TAKES A “SINGULARLY DIM VIEW” OF ATTEMPTS BY PARTIES TO CIRCUMVENT THE RULES (OH, AND BUNDLES AGAIN)

June 10, 2019 · by gexall · in Abuse of Process, Access to justice, Appeals, Applications, Bundles, Case Management, Conduct, Extensions of time

In Saint Benedict Land Trust Ltd v London Borough of Camden & Anor [2019] EWHC 1433 (Ch) (17 May 2019) Mr Justice Marcus Smith took a very dim view indeed of an attempt by a litigant to obtain an extension…

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