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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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CIVIL PROCEDURE BLOG AND ARTICLES ROUNDUP - DECEMBER 2020

CIVIL PROCEDURE BLOG AND ARTICLES ROUNDUP – DECEMBER 2020

January 4, 2021 · by gexall · in Civil evidence, Civil Procedure, Costs

A round up of posts and articles relating to civil procedure from November 2020. COSTS ACL – Definition of proportionality to be expanded to include vulnerability ACL – High Court upholds assessment of success fee in high-value clinical negligence case ACL – Supreme…

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

SERVICE OF DEFENCE BY EMAIL NOT GOOD SERVICE: RELIEF FROM SANCTIONS REQUIRED TO SET ASIDE JUDGMENT (AND GRANTED)

December 23, 2020 · by gexall · in Applications, Civil Procedure, Default judgment,, Peremptory orders, Relief from sanctions, Sanctions, Setting aside judgment

The judgment of Mr Justice Calver in Ipsum Capital Ltd v Lyall & Ors [2020] EWHC 3508 (Comm) shows the dangers of serving documents by email. The judge held that service of a defence by email was not good service…

CIVIL PROCEDURE ROUND UP: BLOG AND ARTICLES ROUND UP: NOVEMBER 2020

CIVIL PROCEDURE ROUND UP: BLOG AND ARTICLES ROUND UP: NOVEMBER 2020

December 5, 2020 · by gexall · in Civil evidence, Civil Procedure, Costs, Relief from sanctions, Useful links

This round up covers specific posts and articles in relation to civil procedure from November 2020. COSTS ACL – Lacuna identified in criminal legal aid rules for civil committal proceedings ACL – QOCS does not apply to pre-issue applications, court rules ACL…

WITNESS STATEMENTS COULD BE DISCLOSED IF MENTIONED IN OPEN COURT: DEPP, THE UNCALLED WITNESSES AND THE MEDIA

WITNESS STATEMENTS COULD BE DISCLOSED IF MENTIONED IN OPEN COURT: DEPP, THE UNCALLED WITNESSES AND THE MEDIA

November 16, 2020 · by gexall · in Civil evidence, Witness statements

There are many aspects of the judgment in Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 2911 (QB) that have gained wide media attention.  Here I want to look at two issues in relation to the failure…

ACTION NOT STRUCK OUT BECAUSE ALLEGATIONS OF BAD FAITH AND WILFUL MISCONDUCT NOT FULLY PARTICULARISED

ACTION NOT STRUCK OUT BECAUSE ALLEGATIONS OF BAD FAITH AND WILFUL MISCONDUCT NOT FULLY PARTICULARISED

July 21, 2020 · by gexall · in Applications, Statements of Case, Summary judgment

In Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) Mrs Justice Cockerill refused to strike out pleadings alleging, bad faith, wilful misconduct and manifest error.  This is the second example recently of…

WHEN SHOULD A SOLICITOR MAKE A WITNESS STATEMENT ON BEHALF OF THEIR CLIENTS?  A REVIEW OF THE CASES

WHEN SHOULD A SOLICITOR MAKE A WITNESS STATEMENT ON BEHALF OF THEIR CLIENTS? A REVIEW OF THE CASES

July 6, 2020 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Witness statements

Last week I gave an in-house talk to a London firm of solicitors.*  One of the matters we discussed was when (if ever) it was appropriate for a solicitor to make a witness statement in support of an interlocutory application. …

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP - JUNE 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – JUNE 2020

July 1, 2020 · by gexall · in Civil evidence, Civil Procedure, Useful links

A round up of posts and articles about costs, procedure and evidence from June 2020. (Matters relating to Coronavirus and civil procedure will be dealt with in a separate post). Costs Litigation Futures – QC’s £1.5m brief fee for nine months’…

ARGUING YOUR CASE THROUGH THE WITNESS STATEMENTS: THIS MAY NOT END WELL

ARGUING YOUR CASE THROUGH THE WITNESS STATEMENTS: THIS MAY NOT END WELL

July 1, 2020 · by gexall · in Advocacy, Applications, Civil evidence, Witness statements

Yesterday I wrote about the judgment in Skatteforvaltningen (The Danish Customs And Tax Administration) v Solo Capital Partners LLP & Ors [2020] EWHC 1624 (Comm). In particular the very vigorous judicial disapproval of an attempt to “argue” the case by way…

WITNESS STATEMENTS "NOT IN MY STOCK IN TRADE": HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

WITNESS STATEMENTS “NOT IN MY STOCK IN TRADE”: HIGH COURT JUDGE HIGHLY CRITICAL OF ARGUMENTATIVE AND LARGELY IRRELEVANT WITNESS STATEMENTS

June 30, 2020 · by gexall · in Applications, Civil evidence, Summary judgment, Witness statements

Last week I wrote about the report on witness evidence working group of the business and property courts.   That report commented that drafting witness statements (more accurately evidence in chief) was no longer part of a lawyer’s “stock in trade”. …

WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020

WHEN THE SKY FALLS IN: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: WEBINAR 6th AUGUST 2020

June 18, 2020 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Education, Relief from sanctions, Webinar, Well being

I have been writing on this blog for some time now that lawyers should be taught that mistakes happen.  We should aim to avoid them but if errors are made they are often rectifiable if dealt with correctly and quickly. …

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM...

WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…

June 17, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Credibility of experts, Damages, Fatal Accidents, Risks of litigation, Webinar, Witness statements

Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars.  This would seem a good time to set them out.  Those that  have been given earlier this year are still available on…

THE "BACK TO BASICS" SERIES 80: THE POSTS SO FAR

THE “BACK TO BASICS” SERIES 80: THE POSTS SO FAR

June 16, 2020 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure

The “back to basics” series has been going since April 2018.  It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”.  Two years on this is a good time to recap on…

CIVIL PROCEDURE BACK TO BASICS 79: NON-DISCLOSURE OF THE OTHER SIDE'S WITNESS STATEMENT

CIVIL PROCEDURE BACK TO BASICS 79: NON-DISCLOSURE OF THE OTHER SIDE’S WITNESS STATEMENT

June 15, 2020 · by gexall · in Civil evidence, Civil Procedure, Witness statements

Today we are looking at CPR 32.12.  The rule preventing a party using the other side’s witness statements for purposes other than the action they were served in. THE RULE Use of witness statements for other purposes 32.12 (1) Except…

OPINION EVIDENCE AND DEFECTIVE WITNESS STATEMENTS: EVIDENCE NOT ALLOWED AT TRIAL

OPINION EVIDENCE AND DEFECTIVE WITNESS STATEMENTS: EVIDENCE NOT ALLOWED AT TRIAL

June 11, 2020 · by gexall · in Civil evidence, Civil Procedure, Witness statements

In Harlow -v- Aspect Contracts Ltd [2020] EWHC 1488 (TCC) Alexander Nissen QC (sitting as a High Court judge) allowed an application preventing the defendant relying on a witness statement that was, in reality, an attempt to give expert evidence. …

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

CIVIL PROCEDURE: BLOG AND ARTICLES ROUND UP – MAY 2020

June 2, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure, Costs, Relief from sanctions

As we adjust to the problems of the pandemic some of the more conventional issues of litigation have been dealt with extensively this month.  Costs ACL Trio of High Court judges issue costs penalties to defendants that refused ADR ACL Claimant not…

LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED:  A WARNING AGAINST COMPLACENCY

LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS NOT GRANTED: A WARNING AGAINST COMPLACENCY

May 29, 2020 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Relief from sanctions, Witness statements

Anyone who has had the pleasure of hearing Professor Dominic Regan lecture will know that he gives a constant warning that the Denton principles have not gone away. In relation to the late service of budgets in particular, but in…

AFFIDAVITS, COMPULSION,  EXHIBITS AND THE IMPLIED DUTY NOT TO DISCLOSE TO THIRD PARTIES: HIGH COURT DECISION

AFFIDAVITS, COMPULSION, EXHIBITS AND THE IMPLIED DUTY NOT TO DISCLOSE TO THIRD PARTIES: HIGH COURT DECISION

May 26, 2020 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

I am grateful to barrister Sarah Walker for sending me a copy of the judgment of Deputy Insolvencies and Companies Court Judge Kyriakides in the Official Receiver -v- Skeene & Bowers [2020] EWHC 1252. It concerned the issue of whether…

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES "BY THE SKIN OF THEIR TEETH": SOME IMPORTANT LESSONS TO LEARN HERE

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE

May 19, 2020 · by gexall · in Applications, Extensions of time, Service of the claim form, Serving documents

Every year brings its own crop of service of the claim form cases. This year is no different.  In Oran Environmental Solutions Ltd & Anor v QBE Insurance (Europe) Ltd & Anor [2020] EWHC 1271 (Comm) Mrs Justice Cockerill observed…

CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS

CORONAVIRUS CATCH UP 1: DENTON AND RELIEF FROM SANCTIONS

May 6, 2020 · by gexall · in Civil Procedure, Relief from sanctions

I have, recently, been writing primarily about the impact of coronavirus on lawyers and civil procedure.  Some cases in “mainstream” civil litigation have been overlooked.  To prevent a “backlog” of cases here is a link to, and brief summary of,…

ANOTHER DAY ANOTHER AMENDMENT TO THE PRACTICE DIRECTIONS: POSSESSION PROCEEDINGS

ANOTHER DAY ANOTHER AMENDMENT TO THE PRACTICE DIRECTIONS: POSSESSION PROCEEDINGS

April 20, 2020 · by gexall · in Civil Procedure, Coronavirus

There have been amendments to Practice Direction 51Z.  These provide exceptions to the total ban on possession proceedings.   THE AMENDMENTS: 120th UPDATE – PRACTICE DIRECTION AMENDMENTS “The amendments to Practice Direction 51Z supplementing the Civil Procedure Rules 1998 are…

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  • PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”
  • ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE
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  • ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE
  • PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES "INEFFECTIVE AND FREQUENTLY UNSUITABLE"
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