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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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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

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, 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

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

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, 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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