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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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"LESS IS MORE" WHEN DRAFTING NOTICES OF APPEAL: THE "KITCHEN SINK" APPROACH  DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION

“LESS IS MORE” WHEN DRAFTING NOTICES OF APPEAL: THE “KITCHEN SINK” APPROACH DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION

July 9, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Written advocacy

When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant  is going to have some difficulty here. When of their colleagues…

COURT OF APPEAL REJECTS INGENIOUS ARGUMENT THAT PERMISSION GROUNDS SHOULD BE RE-OPENED - AFTER THE APPEAL

COURT OF APPEAL REJECTS INGENIOUS ARGUMENT THAT PERMISSION GROUNDS SHOULD BE RE-OPENED – AFTER THE APPEAL

July 21, 2022 · by gexall · in Appeals, Applications, Members Content

I have written more about applications for permission to appeal in the past few weeks than in the previous nine years.   The Court of Appeal judgment in  Ingenious Games LLP & Ors v Commissioners for Her Majesty’s Revenue and Customs…

DENTON PRINCIPLES CONSIDERED IN APPLICATION TO APPEAL OUT OF TIME : PERMISSION GRANTED

DENTON PRINCIPLES CONSIDERED IN APPLICATION TO APPEAL OUT OF TIME : PERMISSION GRANTED

November 23, 2021 · by gexall · in Appeals, Extensions of time, Members Content, Relief from sanctions

In Kumar v Secretary of State for Business, Energy and Industrial Strategy & Anor [2021] EWHC 2965 (Ch) ICC Judge Barber considered the Denton principles in an application for permission to appeal out of time.  The appellant’s application was granted….

SEEKING PERMISSION TO APPEAL: THE COVID PROTOCOL MAKES NO DIFFERENCE TO THE TIME LIMITS: A POINT TO REMEMBER

SEEKING PERMISSION TO APPEAL: THE COVID PROTOCOL MAKES NO DIFFERENCE TO THE TIME LIMITS: A POINT TO REMEMBER

May 20, 2021 · by gexall · in Appeals, Applications, Coronavirus, Extensions of time, Members Content

In  Claydon Yield-O-Meter Ltd v Mzuri Ltd & Ors [2021] EWHC 1322 (IPEC)  HHJ Hacon rejected an argument that the Covid Protocol had any effect on the provisions for applying for permission to appeal.  The proposed appellants should have applied…

CHALLENGING FINDINGS OF FACT NOT APPEALING TO THE COURT OF APPEAL: PROPOSED RESPONDENT MAY BE ABLE TO HAVE A SAY IN AN APPLICATION FOR PERMISSION TO APPEAL BASED ON FINDINGS OF FACT

CHALLENGING FINDINGS OF FACT NOT APPEALING TO THE COURT OF APPEAL: PROPOSED RESPONDENT MAY BE ABLE TO HAVE A SAY IN AN APPLICATION FOR PERMISSION TO APPEAL BASED ON FINDINGS OF FACT

December 9, 2020 · by gexall · in Appeals, Civil Procedure, Members Content

In Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 the Court of Appeal expressed severe reservations about permission to appeal findings of fact having been granted.   The judgment indicates that, where findings of fact are challenged, the responding…

SEEK PERMISSION TO APPEAL PROMPTLY (AND TELL THE JUDGE ABOUT IT): "A close analysis of the parties' cases thus reveals a fractal pattern of progressively complex and ever-finer recursive detail of sharply declining significance."

SEEK PERMISSION TO APPEAL PROMPTLY (AND TELL THE JUDGE ABOUT IT): “A close analysis of the parties’ cases thus reveals a fractal pattern of progressively complex and ever-finer recursive detail of sharply declining significance.”

September 20, 2020 · by gexall · in Appeals, Applications, Civil Procedure, Conduct, Members Content

The judgment of Mr Justice Turner in  Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) discloses an unusual turn of events in relation to an appeal. It contains some important observations about the…

"A BIT OF A SHORT BALL": STATING THE JUDGE'S PRELIMINARY VIEW AS TO CREDIBILITY DOES NOT AMOUNT TO BIAS

“A BIT OF A SHORT BALL”: STATING THE JUDGE’S PRELIMINARY VIEW AS TO CREDIBILITY DOES NOT AMOUNT TO BIAS

July 9, 2019 · by gexall · in Appeals, Civil evidence, Conduct, Members Content

There is an interesting discussion as to Judicial bias in the judgment of Mrs Justice Theis in X v Y (Permission to Appeal) [2019] EWHC 1713 (Fam). “The interjections by the judge during the hearing should be viewed not as…

APPLICATIONS FOR PERMISSION TO APPEAL: THE PROPOSED RESPONDENT CAN HAVE THEIR SAY

APPLICATIONS FOR PERMISSION TO APPEAL: THE PROPOSED RESPONDENT CAN HAVE THEIR SAY

February 14, 2018 · by gexall · in Appeals, Applications, Members Content

An interesting point arose in the Court of Appeal decision today in Carr v Panel Products (Kimpton) Ltd [2018] EWCA Civ 190.  When a party seeks permission to appeal from the trial judge – can the other party make submissions in…

A JUDGE CANNOT GIVE PERMISSION TO APPEAL AFTER THE HEARING: MONROE -v- HOPKINS - SECOND ROUND

A JUDGE CANNOT GIVE PERMISSION TO APPEAL AFTER THE HEARING: MONROE -v- HOPKINS – SECOND ROUND

March 28, 2017 · by gexall · in Adjournments, Appeals, Members Content

The case of Monroe -v- Hopkins [2017] EWHC 645 (QB) is the second judgment on the case. The judgment today related solely to the defendant’s application for permission to appeal. The judge ruled that he did not have jurisdiction to…

NEW APPEAL RULES COMING INTO FORCE ON THE 3rd OCTOBER 2016

September 27, 2016 · by gexall · in Appeals, Civil Procedure, Members Content, Rule Changes, Uncategorized

The Court of Appeal is attempting to deal with a backlog.  The Civil Procedure (Amendment No.3) Rules 2016 come into force on the 3rd October 2016.   The primary change is in relation to the way in which applications for…

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