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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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WHEN SHOULD A LITIGATION FRIEND BE LIABLE FOR COSTS? INTERESTING COURT OF APPEAL DECISION

WHEN SHOULD A LITIGATION FRIEND BE LIABLE FOR COSTS? INTERESTING COURT OF APPEAL DECISION

August 24, 2020 · by gexall · in Appeals, Applications, Costs

In Glover v Barker & Ors [2020] EWCA Civ 1112 the Court of Appeal overturned a decision where costs were awarded against a litigation friend.  It is a particularly important judgment for those acting as litigation friends for defendants. THE…

FAILURE TO FILE A CERTIFICATE FOR THE LITIGATION FRIEND UPON ISSUE: CAN THE COURT REMEDY THE SITUATION: CONSIDERING THE IMPARTIALITY OF THE LITIGATION FRIEND

FAILURE TO FILE A CERTIFICATE FOR THE LITIGATION FRIEND UPON ISSUE: CAN THE COURT REMEDY THE SITUATION: CONSIDERING THE IMPARTIALITY OF THE LITIGATION FRIEND

June 23, 2020 · by gexall · in Case Management, Civil evidence, Civil Procedure

It is rare for there to be a lengthy judgment in relation to procedural issues about the appointment and the role of the litigation Friend.  In Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch) Mr Justice Falk considered whether…

COSTS AGAINST CHILDREN AND LITIGATION FRIENDS: COURT HAS A DISCRETION TO ORDER COSTS AGAINST CHILD LITIGANTS

COSTS AGAINST CHILDREN AND LITIGATION FRIENDS: COURT HAS A DISCRETION TO ORDER COSTS AGAINST CHILD LITIGANTS

June 5, 2019 · by gexall · in Applications, Case Management, Costs

In  the judgment today in Barker v Confiànce Ltd & Ors [2019] EWHC 1401 (Ch) Mr Justice Morgan considered whether costs could be ordered against child claimants and/or their litigation friend. He found that no special principles apply to prevent…

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