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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

June 16, 2022 · by gexall · in Appeals, Bundles, Written advocacy

In  Banks v Blount [2022] EWHC 1491 (QB) Mr Justice Ritchie was critical of an appellant for failing to comply with two basic elements of the practice directions relating to appeals.  The need for clarity and precision when referring to…

QUEEN’S BENCH DIVISION GUIDE 2022: LINK AND BUNDLES

February 8, 2022 · by gexall · in Access to justice, Bundles, Civil Procedure, Useful links

The new Queen’s Bench Division Guide was published yesterday and is available here.   THE CHANGES “Changes in the guide include: Interim and out of hours applications Urgent and Short Applications before the Masters Electronic bundles The procedure for issuing…

GLUTS AND BUNDLES: LOTS OF AUTHORITIES DON'T HELP: "THIS MUST NOT BE REPEATED IN ANY FUTURE COUNTY COURT TRIAL"

GLUTS AND BUNDLES: LOTS OF AUTHORITIES DON’T HELP: “THIS MUST NOT BE REPEATED IN ANY FUTURE COUNTY COURT TRIAL”

January 14, 2022 · by gexall · in Bundles, Civil Procedure

I am sure that our eminent housing bloggers and commentators will write about the important substantive judgment in the case of Rosebery Housing Association Ltd v Williams & Anor [2021] EW Misc 22 (CC). However this blog deals with only one…

"WHAT IS THE POINT OF HANDLING A CASE FOR A COUPLE OF YEARS AND THEN FAILING TO PRESENT IT WELL TO THE COURT?"

“WHAT IS THE POINT OF HANDLING A CASE FOR A COUPLE OF YEARS AND THEN FAILING TO PRESENT IT WELL TO THE COURT?”

January 5, 2022 · by gexall · in Bundles, Webinar

This may be one of the few blogs that has a category “Trial Bundles”, with dozens of posts on this  topic.  It remains one of the most searched and read subjects on this site.   Here I am revisiting a useful…

MORE GUIDANCE ON E-BUNDLES (FROM THE FAMILY COURT): "NO PAGE SHOULD APPEAR UPSIDE DOWN"

MORE GUIDANCE ON E-BUNDLES (FROM THE FAMILY COURT): “NO PAGE SHOULD APPEAR UPSIDE DOWN”

December 30, 2021 · by gexall · in Bundles

The President of the Family Division has issued guidance on E-Bundles  Sup-guidance-E-bundles.  Many of the points made here can provide guidance to civil practitioners. “No page should appear upside down.” GUIDANCE ON E-BUNDLES FOR USE IN THE FAMILY COURT AND…

"IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE"

“IT IS NOT ACCEPTABLE ORAL ADVOCACY TO REDUCE WRITTEN SUBMISSIONS TO LITTLE MORE THAN A SERIES OF REFERENCES THAT A JUDGE CAN THEN LEFT TO FIND ACROSS A VAST BUNDLE”

December 3, 2021 · by gexall · in Applications, Bundles, Civil evidence, Civil Procedure

The closing lines of the judgment of HHJ Pelling QC (sitting as a High Court judge) in Libyan Investment Authority v Credit Suisse International & Ors [2021] EWHC 2684 (Comm) highlight many issues in relation to civil advocacy. In particular…

NEW TODAY: GENERAL GUIDANCE ON ELECTRONIC COURT BUNDLES (PAGINATION SHOULD START FROM PAGE ONE...)

NEW TODAY: GENERAL GUIDANCE ON ELECTRONIC COURT BUNDLES (PAGINATION SHOULD START FROM PAGE ONE…)

November 29, 2021 · by gexall · in Bundles, Civil Procedure

The Courts and Tribunal Judiciary Site has today published new guidance in relation to electronic bundles.   The link is available here. The guidance updated and replaces previous guidance.  If I were to highlight one matter it is the need for…

"ONE PAGE OUT" (BUT SOMETIMES MORE): ELECTRONIC BUNDLES GENERATE DIFFICULTIES- FAILURES COULD LEAD TO SANCTIONS

“ONE PAGE OUT” (BUT SOMETIMES MORE): ELECTRONIC BUNDLES GENERATE DIFFICULTIES- FAILURES COULD LEAD TO SANCTIONS

August 3, 2021 · by gexall · in Avoiding negligence claims, Bundles

In Hodgson v Creation Consumer Finance Ltd [2021] EWHC 2167 (Comm) (29 July 2021)  HHJ Pearce, sitting as a High Court Judge, made some observations about the problems caused by the pagination of electronic bundles.  We have the familar problem…

THE COPYING OF TRIAL BUNDLES: WHO PAYS THE PRICE?

THE COPYING OF TRIAL BUNDLES: WHO PAYS THE PRICE?

June 23, 2021 · by gexall · in Applications, Bundles, Costs

In the judgment today in Axnoller Events Ltd v Brake & Anor [2021] EWHC 1706 (Ch) HHJ Matthews (sitting as a High Court Judge) had to determine an issue in relation to who pays the costs of copying a trial…

BUNDLES IN PART 8 PROCEEDINGS: THE RELEVANT DOCUMENTS CHRONOLOGICALLY AND IN CATEGORIES

BUNDLES IN PART 8 PROCEEDINGS: THE RELEVANT DOCUMENTS CHRONOLOGICALLY AND IN CATEGORIES

June 2, 2021 · by gexall · in Bundles, Case Management

Issues relating to bundles are a regular theme on this blog. There is a short postscript to the judgment of Master Clark in Hudman v Morris [2021] EWHC 1400 (Ch), where observations were made following a Part 8 hearing relating…

A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL...

A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL…

April 30, 2021 · by gexall · in Bundles, Conduct, Statements of Case, Statements of Truth, Witness statements

The judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) demonstrate some “unusual” conduct in litigation. Not least the claimant’s solicitors wrote to the judge, in the middle of…

BUNDLES AGAIN: JUDGES WASTING THEIR BREATH: "HOW MANY YEARS - DECADES - HAVE TO PASS BEFORE THOSE WHO KNOW BETTER AND WHO... ARE BEING HANDSOMELY REMUNERATED COMPLY WITH THEIR OBLIGATIONS?"

BUNDLES AGAIN: JUDGES WASTING THEIR BREATH: “HOW MANY YEARS – DECADES – HAVE TO PASS BEFORE THOSE WHO KNOW BETTER AND WHO… ARE BEING HANDSOMELY REMUNERATED COMPLY WITH THEIR OBLIGATIONS?”

April 14, 2021 · by gexall · in Bundles, Case Management, Conduct, Costs

Another post that adds to the dozens, if not hundreds, of cases about bundles.  The trial bundles were the subject of considerable criticism by Sir James Munby in  C (A Child) [2021] EWFC 32. “I forebear from further judicial exhortation…

SEDLEY'S LAW GOES ONLINE... : "IT IS NECESSARY FOR ME TO SAY SOMETHING ABOUT THE UNSATISFACTORY MANNER IN WHICH BUNDLES OF DOCUMENTS HAVE BEEN PREPARED FOR TRIAL"

SEDLEY’S LAW GOES ONLINE… : “IT IS NECESSARY FOR ME TO SAY SOMETHING ABOUT THE UNSATISFACTORY MANNER IN WHICH BUNDLES OF DOCUMENTS HAVE BEEN PREPARED FOR TRIAL”

March 19, 2021 · by gexall · in Bundles

If you thought that electronic bundles were the panacea that was going to put an end to the numerous posts on this blog recording (largely) judicial criticisms of bundles, think again.   The judgment  today of HHJ Cawson QC, sitting as…

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…

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