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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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LATE APPLICATION TO AMEND  DEFENCE RIGHTFULLY REFUSED: LATE APPLICATION TO AMEND NOTICE OF APPEAL ALSO GOT THE BARNSLEY CHOP

LATE APPLICATION TO AMEND DEFENCE RIGHTFULLY REFUSED: LATE APPLICATION TO AMEND NOTICE OF APPEAL ALSO GOT THE BARNSLEY CHOP

June 20, 2018 · by gexall · in Amendment, Appeals, Statements of Case

In First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd [2018] EWCA Civ 1396 the Court of Appeal upheld a decision by the trial judge to refuse a late amendment to the defence.  An application to amend the Notice…

QADER IN THE COURT OF APPEAL: FIXED COSTS NO LONGER APPLY TO ACTIONS ALLOCATED TO THE MULTI TRACK

November 16, 2016 · by gexall · in Appeals, Assessment of Costs, Costs, Uncategorized

Perhaps the most surprising thing about the decision of the Court of Appeal in Qadar -v- Esure [2016] EWCA Civ 1109 is the route that had to be taken to get to the result.  The Court of Appeal added, to…

CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT

January 27, 2015 · by gexall · in Civil Procedure, Costs

In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s…

APPEALS: STAY OF EXECUTION AND CONDITIONS IMPOSED BY APPELLATE COURT: THE RELEVANT PRINCIPLES

August 17, 2014 · by gexall · in Appeals, Civil Procedure

The fact that an appeal is made, or permission to appeal is granted, does not automatically grant a stay of execution.  The appellant has to apply for a stay and the court can grant conditions.  The law and principles governing…

MITCHELL CONSIDERED BY THE COURT OF APPEAL FOR A THIRD TIME: ANOTHER TWIST IN THE THEVARAJAH TALE

January 16, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Relief from sanctions, Striking out

In the case heard today of Thevarajah –v- Riordan [2014] EWCA Civ 15the Court of Appeal reiterated the rigorous nature of the Mitchell test.  Here we look at that decision in detail and the trenchant observations made by the Court….

SURVIVING MITCHELL A PRACTITIONER’S GUIDE : 1 KNOW WHAT HAPPENED IN MITCHELL AND HOW IT COULD HAVE BEEN AVOIDED

December 10, 2013 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Relief from sanctions

The decision in Mitchell is already having a major impact on day to day litigation. This is the first of a series of posts which looks at the Mitchell decision and deals with the practical steps that practitioner’s must take…

THE MITCHELL CRITERIA FOR RELIEF FROM SANCTIONS: A DETAILED EXAMINATION

November 28, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Relief from sanctions, Striking out

There has been much comment about the effect of the Court of Appeal decision in Mitchell on litigation and litigators.  Here we look, in considerable detail, at the guidance given in relation to relief from sanctions and associated case law….

MITCHELL: 20 KEY POINTS OF JUDGMENT

November 27, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Relief from sanctions, Uncategorized

The Court of Appeal gave judgment in Mitchell -v- News Group Newspapers [2013] EWCA Civ 1537 today.  The case has been much covered. The Claimant’s application for relief from sanctions was refused.  The key points of general importance are: 1….

MITCHELL -v- NEWS GROUP NEWSPAPERS: OUTLINE OF CLAIMANT'S SUBMISSIONS

November 7, 2013 · by gexall · in Appeals, Civil Procedure, Costs, Relief from sanctions

There appeal in the Mitchell case was heard in the Court of Appeal case earlier today.  Judgment was reserved. I have a note of the arguments on behalf of the Claimant/Appellant.   The Defendant’s arguments will be posted later. I…

MEDIATE OR ELSE? THE COSTS CONSEQUENCES OF REFUSING TO MEDIATE

October 23, 2013 · by gexall · in Civil Procedure, Mediation & ADR, Part 36

 A recent post looked at the Court of Appeal mediation scheme and examined the potential penalties for a party refusing to mediate.  In PGF II SA –v- OMES Company I Limited [2013] EWCA CIV 1288 the Court of Appeal looked…

THE DANGERS OF GETTING THE COURT FEES WRONG: IF THE FEES ARE NOT RIGHT – YOU HAVEN'T ISSUED

October 21, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Limitation

If proceedings are being issued at the last moment then it is imperative that the correct fee is lodged at court. A failure to send the correct fee will mean that proceedings are not properly issued.  This post looks at…

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