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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AVOIDING THE TERMS OF A CONSENT ORDER: A CASE THAT HAS A LOT OF LESSONS FOR SOLICITORS: WHY A CONSENT ORDER MAY NOT BE WORTH THE PAPER ITS WRITTEN ON

AVOIDING THE TERMS OF A CONSENT ORDER: A CASE THAT HAS A LOT OF LESSONS FOR SOLICITORS: WHY A CONSENT ORDER MAY NOT BE WORTH THE PAPER ITS WRITTEN ON

June 14, 2018 · by gexall · in Appeals, Assessment of Costs, Civil Procedure, Members Content

The judgment in  Riordan & Ors v Moon Beevor Solicitors (a firm) [2018] EWHC 1452 (QB) gives an interesting insight into the fallout from litigation – where the disgruntled client blames the solicitors.   There are important lessons here about the drafting…

CONSENT ORDERS, CONFIDENTIALITY AGREEMENTS, IMPLIED TERMS AND (LET'S BE HONEST) A PRETTY DETERMINED EFFORT TO AVOID PAYMENT

August 2, 2016 · by gexall · in Applications, Civil Procedure, Members Content, Uncategorized

I am grateful to Tobias Haynes from Waterside Legal LLP  for sending me a copy of the judgment of His Honour Judge Cooke in Hartland -v- Buccament Bay Resort Ltd (7th July 2016) a copy of which is attached to…

EXTENSIONS OF TIME TO COMPLY WITH CONSENT ORDER: COURT OF APPEAL DECISION

July 12, 2015 · by gexall · in Appeals, Civil Procedure, Members Content

In Safin (Fursecroft) Limited -v- The Estate of Dr Said Ahmed Said Badrig (deceased) [2015] EWCA Civ 739 the Court of Appeal considered the principles relating to extensions of time of a consent order. KEY POINTS The Court has the…

"MISAPPLICATION OF THE WORD SANCTION": EXTENDING TIME ON A CONSENT ORDER IS NOT AN APPLICATION FOR RELIEF FROM SANCTIONS: SERVICE -v- BEACKON CONSIDERED

June 29, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions, Second set of proceedings

The case of Service Insurance Company Ltd -v- Beackon is briefly reported on Lawtel on the 26th June 2014.   It is a High Court decision by Andrews J where he rejected an appeal by an insurance company against an…

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