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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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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

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, 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, 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, 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

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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  • CROWING OVER COSTS IS NOT A GOOD LOOK FOR A LITIGANT: A REMINDER OF THE IMPORTANCE OF SOCIAL MEDIA
  • THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
  • PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
  • PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
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