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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL:  WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

DEBARRED PARTY CANNOT CROSS-EXAMINE AT TRIAL: WHAT ROLE CAN A DEBARRED PARTY PLAY AT TRIAL?

August 9, 2018 · by gexall · in Applications, Members Content, Peremptory orders, Striking out

In Kliers v Schmerler & Anor [2018] EWHC 1350 (Ch) Mr M H Rosen QC (sitting as a  Deputy High Court Judge) refused the defendant’s application that it be allowed to cross-examine the claimant even after it had been debarred from…

YOU LOST AT TRIAL - YOU ARE NOT GETTING A SECOND GO: THE JUDGMENT IS HAIR TODAY AND WILL NOT BE GONE TOMORROW...

YOU LOST AT TRIAL – YOU ARE NOT GETTING A SECOND GO: THE JUDGMENT IS HAIR TODAY AND WILL NOT BE GONE TOMORROW…

July 20, 2018 · by gexall · in Applications, Civil Procedure, Expert evidence, Experts, Members Content

In  Liqwd Inc & Anor v L’Oreal (UK) Ltd & Anor [2018] EWHC 1845 (Pat) Mr Justice Birss refused a defendant’s application to “reopen the trial and decide one of the issues afresh” taking into account new evidence. “Many litigants, having…

RTA TRIAL FEE RECOVERABLE IF CASE SETTLES AT TRIAL

May 3, 2016 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content, RTA Protocol, Uncategorized

In Mendes -v- Hocthtief (UK) Construction Ltd [2016] EWHC 976 (QB) Mr Justice Coulson decided a point of some importance: is the RTA Protocol brief fee recoverable if a matter settles at trial. “… there are sound policy reasons for…

THE WITNESSES SAY THE OTHER SIDE IS LYING: WHAT DOES THE JUDGE DO? A GORGEOUS BEAUTY CONSIDERED!

September 23, 2014 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

We have looked before at issues of witness credibility, particularly in relation to the drafting of witness statements. This was an issue considered by Arnold J in Gorgeous Beauty Ltd -v- Liu (and others) [2014] EWHC 2952 (Ch). It provides…

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Recent Posts

  • ENFORCEMENT BULLETIN 4: THE COURT SETS ASIDE A MENTAL HEALTH CRISIS MORATORIA AND ALLOWS BANKRUPTCY PROCEEDINGS TO CONTINUE
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  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
  • SERVICE POINTS 51: HIGH COURT REFUSES TO SET ASIDE AN ORDER ALLOWING SERVICE BY EMAIL ON THE DEFENDANT’S SOLICITORS
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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

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