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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COURT ORDER ALLOWING PROSPECTIVE AND RETROSPECTIVE EXTENSIONS OF TIME: A BRIEF EXAMPLE

COURT ORDER ALLOWING PROSPECTIVE AND RETROSPECTIVE EXTENSIONS OF TIME: A BRIEF EXAMPLE

January 25, 2018 · by gexall · in Applications, Case Management, Civil Procedure, Extensions of time, Members Content

I am grateful to Dominic Regan for providing a precedent that allows the parties to extend time for compliance prospectively and retrospectively. THE ISSUE During a discussion on Twitter Dominic mentioned that some courts were habitually making orders that allowed…

FABRICATING DOCUMENTS AND MISLEADING THE JUDGES: WHEN KEY DOCUMENTS ARE HIDDEN BEHIND THE CURTAINS IN COURT

FABRICATING DOCUMENTS AND MISLEADING THE JUDGES: WHEN KEY DOCUMENTS ARE HIDDEN BEHIND THE CURTAINS IN COURT

November 27, 2017 · by gexall · in Abuse of Process, Disclosure, Members Content, Witness statements

The judgment of Mr Justice Henry Carr in Ghassemian v Chatsworth Court Freehold Company Ltd & Ors [2016] EWHC 872 (Ch) illustrates the lengths to which some litigants will go. The judge found that the applicant had forged documents, backdated applications…

THE INHERENT JURISDICTION OF THE COURT: FAMILY COURT HAS ALL THE POWERS OF THE HIGH COURT

THE INHERENT JURISDICTION OF THE COURT: FAMILY COURT HAS ALL THE POWERS OF THE HIGH COURT

September 28, 2017 · by gexall · in Applications, Civil Procedure, Members Content

In a short judgment today in CH v WH [2017] EWHC 2379 (Fam) Mr Justice Mostyn made pointed observations in relation to the innate jurisdiction of the High Court. “The Family Court has all the powers of the High Court.” THE…

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