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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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TROUBLESOME BUNDLES YET AGAIN: MR JUSTICE EDER SPEAKS OUT ON WASTEFUL BUNDLES IN THE COMMERCIAL COURT

March 30, 2015 · by gexall · in Applications, Civil Procedure, Members Content

The question of bundles was raised by Mr Justice Eder in Taberna Europe -v- Selskabet [2015] EWHC 871 (Comm).  This is hardly a new complaint and appears across the board in all jurisdictions. (There are now 16 posts on this…

LITIGATE IN HASTE AND YOU WON'T NECESSARILY BE ALLOWED TO AMEND AT LEISURE: SU-LING -v- GOLMAN SACHS INTERNATIONAL

March 26, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Second set of proceedings, Statements of Case

In the judgment today in  Quah Su-Ling -v- Goldman Sachs International [2015] EWHC Mrs Justice Carr DBE refused a claimant permission to amend her particulars of claim at a late stage. The judgment contains a succinct review of the law…

PLEADINGS MUST BE CONCISE – OR ELSE! TOO MANY COUNSEL SPOILING THE BROTH?

February 20, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Written advocacy

We have looked before at problems caused by over-lengthy pleadings.  In Vincent Aziz Tchenguiz -v- Grant Thornton UK LLP [2015] EWHC 405 (Comm) Mr Justice Leggatt provides a virtual “cut out and keep” set of warnings of the dangers of not complying…

CASE MANAGEMENT, DIRECTIONS AND ATTENDANCE OF THE PARTIES: A WARNING SHOT FROM THE COMMERCIAL COURT

January 9, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Expert evidence, Members Content, Statements of Case

In Richardson -v- Glencore UK Ltd [2014] EWHC 3990 (Comm) Mr Justice Walker had strong words to say about any apparent casualness by the parties in preparing for, and attending, the Case Management Conference. The judgment was intended to be…

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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Recent Posts

  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)
  • PRACTICE DIRECTION CHANGES INTRODUCED YESTERDAY: NEW PROVISIONS IN THE DAMAGES CLAIM PORTAL: “OTHER REMEDY” CLAIMS CAN NOW BE MADE
  • PERSONAL INJURY POINTS 15: THE STUDENTS LOAN COMPANY MAY BE AN “EMANATION OF THE STATE”: SOME INTERESTING ISSUES HERE: THESE ARE ISSUES OF LAW – NOT ONE ON WHICH A WITNESS CAN EXPRESS AN OPINION OR VIEW…
  • PERSONAL INJURY POINTS 14: CLAIMANT FAILS IN SLIPPING CASE: THERE WAS A “HYPOTHETICAL” RISK OF SLIPPING WHICH THE DEFENDANT DID NOT NEED TO DEAL WITH
  • PERSONAL INJURY POINTS 13: WHERE THERE IS BLAME THERE IS NOT ALWAYS A CLAIM: THE DEFENDANT BREACHED THEIR DUTY BUT THE CLAIMANT’S ACTION FAILED

Top Posts

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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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