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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY

JUDGMENT ON EXTENT OF POWERS OF HIGH COURT ENFORCEMENT OFFICERS: THE ACCESSIBLE LANGUAGE SUMMARY

January 10, 2021 · by gexall · in Access to justice, Civil evidence, Civil Procedure, Members Content

In Just Digital Marketplace Ltd (enforcement – controlled goods agreements – taking control of goods) [2021] EWHC 15 (QB) Master McCloud gave an important judgment about the extent of the powers of  a High Court Enforcement Officer.  However there is no…

JUDGMENT MUST GIVE REASONS (AND NOT SIMPLY INCORPORATE A SKELETON ARGUMENT): THE BAKERS CAN CHALLENGE THEIR ELECTRICITY BILL

JUDGMENT MUST GIVE REASONS (AND NOT SIMPLY INCORPORATE A SKELETON ARGUMENT): THE BAKERS CAN CHALLENGE THEIR ELECTRICITY BILL

January 27, 2020 · by gexall · in Appeals, Members Content, Summary judgment

In Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) Mrs Justice Farbey allowed an appeal against a Deputy District Judge who had granted summary judgment.  The case emphasises the need for a judge…

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: A RECAP AND REVIEW OF THE EARLIER CASE MENTIONED

August 15, 2017 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

I am writing, again, about the the judgment of Mr Justice Kerr in Topping v Ralph Tristees Ltd [2017] EWHC 1954 (QB). The point the case makes about the correct route of appeal has been commented on, however I had not anticipated…

AN UNUSUAL APPLICATION FOR RELEASE OF AUDIO RECORDING OF JUDGMENT: NOT NECESSARY AND NOT ALLOWED

AN UNUSUAL APPLICATION FOR RELEASE OF AUDIO RECORDING OF JUDGMENT: NOT NECESSARY AND NOT ALLOWED

May 16, 2017 · by gexall · in Applications, Civil Procedure, Members Content

What does a litigant do if a written judgment varies from the oral judgment given in court? This issue was considered by HHJ Matthews (sitting as a High Court judge) in Bath -v- Escott [2017] EWHC 1101 (Ch). The judgment…

OPENING LINES OF A JUDGMENT: IT STARTED WITH A TWEET: PAGING DOCTOR FREUD

OPENING LINES OF A JUDGMENT: IT STARTED WITH A TWEET: PAGING DOCTOR FREUD

April 27, 2017 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Useful links

The opening line of a judgment is often a good guide as to what it to follow. For a few days there has been some, occasionally  heated, discussion, as to the best opening lines of a judicial pronouncement. THE TWITTER…

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Recent Posts

  • THE CURRENT IMPORTANCE OF PLEADINGS 47: YOU CAN’T CRITICISE A JUDGE FOR NOT FINDING ON A CASE THAT WAS NOT PLEADED (AND ON ANOTHER ISSUE WHERE THE CLAIMANT EXPRESSLY DISAVOWED THE CLAIM NOW BEING MADE ON APPEAL)
  • WAS THIS “SECOND” ACTION AN ATTEMPT TO RE-OPEN MATTERS HAD HAD BEEN DETERMINED IN AN EARLIER HEARING? IF SO WHAT SHOULD THE COURT DO?
  • COST BITES 325: DOES THE FACT THAT THERE WOULD BE COMPLEX ISSUES ON DETAILED ASSESSMENT MEANT THE COURT SHOULD NOT MAKE AN ORDER FOR PAYMENT OF COSTS ON ACCOUNT?
  • BACK TO BASICS MONDAY: SERVICE ON AN INDIVIDUAL USING S.1140 OF THE COMPANIES ACT 2006
  • MAZUR MATTERS 46: A “CLAIMANT’S REPRESENTATIVE” HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: “IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME”

Top Posts

  • MAZUR MATTERS 46: A "CLAIMANT'S REPRESENTATIVE" HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: "IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME"
  • WAS THIS "SECOND" ACTION AN ATTEMPT TO RE-OPEN MATTERS HAD HAD BEEN DETERMINED IN AN EARLIER HEARING? IF SO WHAT SHOULD THE COURT DO?
  • BACK TO BASICS MONDAY: SERVICE ON AN INDIVIDUAL USING S.1140 OF THE COMPANIES ACT 2006
  • THE CURRENT IMPORTANCE OF PLEADINGS 47: YOU CAN'T CRITICISE A JUDGE FOR NOT FINDING ON A CASE THAT WAS NOT PLEADED (AND ON ANOTHER ISSUE WHERE THE CLAIMANT EXPRESSLY DISAVOWED THE CLAIM NOW BEING MADE ON APPEAL)
  • COST BITES 325: DOES THE FACT THAT THERE WOULD BE COMPLEX ISSUES ON DETAILED ASSESSMENT MEANT THE COURT SHOULD NOT MAKE AN ORDER FOR PAYMENT OF COSTS ON ACCOUNT?

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