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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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NEW COSTS RULES: WHEN A CASE CAN'T GO INTO THE INTERMEDIATE TRACK

NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK

September 25, 2023 · by gexall · in Costs, Rule Changes

Continuing with the series about the new rules relating to fixed costs.  Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track….

NEW FIXED COSTS RULES: THE NEW PART 28: CASE MANAGEMENT IN THE INTERMEDIATE TRACK: THE LENGTH OF WITNESS STATEMENTS AND EXPERT REPORTS

NEW FIXED COSTS RULES: THE NEW PART 28: CASE MANAGEMENT IN THE INTERMEDIATE TRACK: THE LENGTH OF WITNESS STATEMENTS AND EXPERT REPORTS

September 21, 2023 · by gexall · in Costs, Fixed Costs, Rule Changes

The new fixed costs provisions introduce the concept of the “Intermediate Track”.  One point to note about this track is that there are specific rules about applying for directions.  There are also very specific obligations in relation to the length…

NEW RULES AS TO SUMMARY JUDGMENT: COMING INTO FORCE ON THE 1st OCTOBER 2023: NEW CPR 24

NEW RULES AS TO SUMMARY JUDGMENT: COMING INTO FORCE ON THE 1st OCTOBER 2023: NEW CPR 24

September 15, 2023 · by gexall · in Civil Procedure, Rule Changes, Summary judgment

“New” rules as to summary judgment come into force on the 1st October 2023.  These are part of the process of “simplifying” the rules. The rules are introduced by the Civil Procedure (Amendment No.3) Rules 2023 THE NEW RULES   “PART…

THE NEW RULES ON FIXED COSTS: TRANSITIONAL PROVISIONS: THEY CANNOT AFFECT CURRENT CASES

THE NEW RULES ON FIXED COSTS: TRANSITIONAL PROVISIONS: THEY CANNOT AFFECT CURRENT CASES

September 10, 2023 · by gexall · in Civil Procedure, Costs

I was at a social event on Friday night (but a blogger is never  really off duty). During the course of the evening someone told me that they had had recently had a  personal injury case where the judge, rather…

NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (3): THESE RULES, THEY AREN'T "NEW" ANY MORE

NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (3): THESE RULES, THEY AREN’T “NEW” ANY MORE

February 8, 2022 · by gexall · in Civil Procedure, Rule Changes

One small change in the rules means that they have left their infancy and, presumably, having now graduated, are entering early adulthood. THE OLD RULE CPR 1.1(1) currently reads (1) These Rules are a new procedural code with the overriding…

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

STRIKING OUT THE CLAIM FOR NON-PAYMENT OF TRIAL FEE: THIS IS ALWAYS A POINT TO WATCH

October 13, 2017 · by gexall · in Civil Procedure, Risks of litigation, Rule Changes, Sanctions, Striking out

In April this year the rules were amended to introduce a concept of “automatic striking out”.  Put simply if a claimant does not pay the court fee by the relevant date. I have seen occasions where this has had effect….

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

April 9, 2015 · by gexall · in Applications, Civil Procedure, Rule Changes

The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here.  There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols….

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Recent Posts

  • THE CIVIL COURTS ARE “NOT THE WILD WEST”: ATTEMPTS TO INTRODUCE NEW ARGUMENTS ON APPEAL REJECTED: SKELETON ARGUMENT SHOULD HAVE DEALT WITH POINTS THE DEFENDANT NOW WANTED TO ARGUE
  • CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE “CONTROL” OF THEIR PARTNER’S FINANCIAL DOCUMENTS
  • AN EXPERT SHOULD HAVE EXPERTISE IN THE ISSUE THEY ARE GIVING EVIDENCE ON: THEY CAN’T SIMPLY TEACH THEMSELVES FOR THE PURPOSE OF THE CASE
  • CIVIL PROCEDURE BACK TO BASICS 99: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF A WITNESS STATEMENT AND AFFIDAVIT
  • “FORENSIC SPEED DATING” IS NOT A DESIRABLE EXERCISE: PRACTITIONERS SHOULD LIMIT THE NUMBER OF AUTHORITIES CITED

Top Posts & Pages

  • CLAIMANT HAD NOT BREACHED THEIR DUTY OF DISCLOSURE: A PARTY DOES NOT HAVE "CONTROL" OF THEIR PARTNER'S FINANCIAL DOCUMENTS
  • THE CIVIL COURTS ARE "NOT THE WILD WEST": ATTEMPTS TO INTRODUCE NEW ARGUMENTS ON APPEAL REJECTED: SKELETON ARGUMENT SHOULD HAVE DEALT WITH POINTS THE DEFENDANT NOW WANTED TO ARGUE
  • AN EXPERT SHOULD HAVE EXPERTISE IN THE ISSUE THEY ARE GIVING EVIDENCE ON: THEY CAN'T SIMPLY TEACH THEMSELVES FOR THE PURPOSE OF THE CASE
  • CIVIL PROCEDURE BACK TO BASICS 99: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF A WITNESS STATEMENT AND AFFIDAVIT
  • NEW FIXED COSTS RULES: WHEN IS A CASE ALLOCATED TO THE INTERMEDIATE TRACK?

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