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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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SIR RUPERT JACKSON ON THE DAY OF HIS RETIREMENT: A REVIEW OF SOME JUDGMENTS ON PROCEDURE

SIR RUPERT JACKSON ON THE DAY OF HIS RETIREMENT: A REVIEW OF SOME JUDGMENTS ON PROCEDURE

March 6, 2018 · by gexall · in Access to justice, Appeals, Bundles, Case Management, Civil evidence, Civil Procedure, Conduct, Extensions of time, Relief from sanctions, Witness statements, Written advocacy

It is well known that Sir Rupert Jackson retires on the 7th March.  There are several reviews of the work Sir Rupert has done in re-shaping civil procedure.  Here I want to look at a few of his judgments that…

DENTON: THE DISSENTING JUDGMENT OF JACKSON L.J. CONSIDERED

July 19, 2014 · by gexall · in Appeals, Civil Procedure, Relief from sanctions

In the hundreds of articles, blogs and commentaries on the decision in Denton the “dissenting” judgment is barely mentioned or considered.  Whilst all three members of the court were in agreement that each of the appeals should be allowed there…

YOU CAN AGREE TO EXTEND TIME NOW: BUT SHOULD YOU AGREE TO EXTENSIONS?

June 4, 2014 · by gexall · in Applications, Civil Procedure, Costs, Relief from sanctions, Risks of litigation, Rule Changes

Parties can agree to extend time from the 5th June.  I have already written on the dangers of the system.  However, if the dangers can be sidestepped, should a litigator agree to extend time. THE HEATED DEBATE: SHOULD PARTIES AGREE EXTENSIONS? This…

SURVIVING MITCHELL 15: SHARE THE PAIN

April 10, 2014 · by gexall · in Avoiding negligence claims, Expert evidence, Relief from sanctions

Most of the burden of complying with time periods and court orders lies with the solicitor.  However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…

WHAT THE JACKSON REPORT SAID 4: PROBLEMS WITH WITNESS STATEMENTS: LENGTHY, IRRELEVANT AND RAMBLING

April 8, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Witness statements

The Jackson Reforms made only minor amendments to the rules relating to witness statements.  However the Reports, particularly the Preliminary Report, disclosed a real issue in relation to over-extensive report. THE “TWO NATIONS” OF WITNESS STATEMENTS The preliminary report demonstrated…

WHAT THE JACKSON REPORT SAID 3: CASE MANAGEMENT AND EXTENSIONS OF TIME

April 7, 2014 · by gexall · in Applications, Civil Procedure

Both Jackson reports considered that case management was closely allied with costs management. Here I want to look at two aspects – the need for a realistic timetable and agreements to extend time. DIRECTIONS MUST BE REALISTIC At 6.5 of…

LORD JACKSON'S RESPONSE TO THE CIVIL JUSTICE COUNCIL

March 26, 2014 · by gexall · in Civil Procedure, Costs, Costs budgeting, Relief from sanctions

The Civil Justice Council review of the Jackson reforms received 70 papers in total.  The only ones generally available, to the best of my knowledge, are the ones available on this blog  and the paper provided by Lord Jackson which…

WHAT THE JACKSON REPORT SAID 1: SANCTIONS: WHAT WAS SAID & WHAT HAS HAPPENED?

March 25, 2014 · by gexall · in Applications, Civil Procedure, Relief from sanctions

There are lots of events coming up dealing with the first anniversary of the Jackson reforms.  It would be an opportune time to look back at the Jackson Report itself to remind us what it said on certain key issues….

YOUR CHANCE TO COMMENT ON THE IMPACT OF THE JACKSON REFORMS: CIVIL JUSTICE COUNCIL CONFERENCE

February 13, 2014 · by gexall · in Costs, Costs budgeting, Relief from sanctions, Rule Changes, Useful links

I have heard a lot comments on the impact of the Jackson Reforms, (some of it unprintable).  The Civil Justice Council is holding a conference in March on the impact of the reforms and is inviting “position papers”. I would…

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….

CAN THE COURT CUT DOWN THE NUMBER OF WITNESS STATEMENTS? MACLENNAN –v- MORGAN SINDALL CONSIDERED.

December 30, 2013 · by gexall · in Applications, Civil evidence, Rule Changes, Witness statements

 One little noticed part of the Jackson reforms was the introduction of a new to CPR 32.2 (3) which gives the court express powers to identify or limit the number of witnesses a party may call. That power has now…

THE AFTERMATH FROM MITCHELL: THIS IS GETTING REALLY, REALLY, SERIOUS

December 9, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Relief from sanctions, Striking out

I have been in discussions today with one barrister who estimates that, in his own practice alone, he has  already represented claimants where a total of £1 million pounds of damages have been lost as a result of a decision…

THE "JACKSON CORNER": A USEFUL PLACE TO LOOK

December 8, 2013 · by gexall · in Civil Procedure, Rule Changes, Useful links

Zenith Chambers provides a useful facility at “the Jackson Corner” which can be found, directly, at http://www.zenithchambers.co.uk/site/the_jackson_corner/ It has useful articles, links and guidance on key documents. You can receive e-mail notifications of updates by contacting the e-mail address at Jackson@zenithchambers.co.uk  

BIFFA WASTE SERVICES: RELIEF FROM SANCTIONS: FULL TRANSCRIPT NOW AVAILABLE

November 22, 2013 · by gexall · in Appeals, Applications, Civil Procedure, Relief from sanctions

 Biffa Waste Services Ltd –v- Ali Dinler [2013] is a case where the judge, on appeal, overturned an earlier order granting relief from sanctions. The full transcript is now available and is notable for its detailed consideration of the principles…

RELIEF FROM SANCTIONS ORDER OVERTURNED ON APPEAL: ANOTHER CASE GOES TO WASTE

October 11, 2013 · by gexall · in Civil Procedure, Striking out

In Biffa Waste Services Ltd –v- Ali Dinler  (QBD 10/10/13) Swift J overturned an order granting relief from sanctions.   THE FACTS Biffa was a personal injury case. The claimant failed to file a pre-trial checklist in time or to…

LITIGATION AFTER JACKSON: A 10 POINT SURVIVAL GUIDE

August 23, 2013 · by gexall · in Avoiding negligence claims, Civil Procedure, Limitation, Relief from sanctions, Service of the claim form, Witness statements

There has been a tremendous change in policy in relation to case management after 1st April 2013.  This has already led to major difficulties for some litigators. This post is the first (of what may be many)  survival guides for…

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