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civil litigation brief – updates and commentary on civil procedure, by gordon exall, barrister, zenith chambers, leeds, & hardwicke, london civil litigation brief menu home about copyright advertising policy legal disclaimer updates and commentary on civil procedure, by gordon exall, barrister, zenith chambers, leeds, & hardwicke, london civil procedure, costs & sanctions: links to recent articles and post december 27, 2013 · by gexall · in avoiding negligence claims , civil procedure , costs , limitation , relief from sanctions , useful links links to posts and articles on all aspects of civil procedure. linking does not indicate approval or agreement but that all discussion on these issues is useful. recent posts and articles 13th june 2018 dac beachcroft – hogg -v-… sanctions: case watch december 12, 2013 · by gexall · in appeals , civil procedure , relief from sanctions , useful links this section looks at decisions in relation to relief from sanctions and the general principles of cpr 3.9. often there are links to the decisions themselves, together with links to posts on this blog. barristers matthew white and marcus coates-walker have a useful table… costs: phone hacking and reputation: proportionality is not just about the sums at stake july 11, 2018 · by gexall · in assessment of costs , conduct , costs , proportionality in various claimants (in wave 1 of the mirror newspapers hacking litigation) v mgn ltd [2018] ewhc b13 (costs) master gordon-saker addressed the elements of “proportionality”. “the rule does not prevent the recovery of costs in an amount greater than the… breaching the rules, relief from sanctions, permission to appeal and the correct judge to hear the appeal july 11, 2018 · by gexall · in abuse of process , appeals , personal injury , relief from sanctions , sanctions there is much for the litigator to ponder in the court of appeal judgment in broughal v walsh brothers builders ltd & anor [2018] ewca civ 1610. firstly how did the claimant come to be in a position when it breached… costs & proportionality: its not all about the money: defendant’s costs were not disproportional july 10, 2018 · by gexall · in assessment of costs , conduct , costs , proportionality proportionality was the central issue in the judgment of master leonard in arjomandkhah v nasrouallahi [2018] ewhc b11 (costs). the master rejected the claimant’s argument that the defendant’s costs (roughly one-third of the claimant’s costs budget) was disproportional. “in contrast to… shameful letters, late discontinuance, indemnity costs (and a refusal to mediate hardly counts): the claimant who lost sight of “any basic standard of decent & compassionate behaviour” july 10, 2018 · by gexall · in assessment of costs , conduct , costs earlier posts have looked at the issue of aggressive correspondence. others have looked at the issues of conduct, refusal to mediate and questions relating to indemnity costs. i am grateful to david turner qc for drawing my attention to a… proving things 119: witnesses & experts : “in a case of fairly remarkable reports, this was the most extraordinary” july 9, 2018 · by gexall · in civil evidence , expert evidence , experts , witness statements if you want to see an example of problematic witness statements, and even more problematic expert witnesses, then read the judgment of mrs justice jefford dbe in castle trustee ltd & ors v bombay palace restaurant ltd [2018] ewhc 1602 (tcc). … proving things 118: it seems that even the lord chancellor doesn’t know how to prove things: “that final sentence was both inaccurate and misleading” july 9, 2018 · by gexall · in access to justice , applications , civil evidence a body charged with the delivery of legal services to some of the most vulnerable people in our society (and which, incidentally, is in charge of the justice system) should be making decisions that are logical and justifiable – you… hourly rates and complex cases: master may have applied the wrong test but came to the right result july 9, 2018 · by gexall · in appeals , assessment of costs , costs in jxa v kettering general hospital nhs foundation trust [2018] ewhc 1747 (qb) mr justice goss rejected an appeal in relation to hourly rates of the claimant’s solicitor in a high value clinical negligence case. the case the claimant had been… underpayment of court fees is an abuse of process: however despite this an action was issued within time & would not be struck out july 9, 2018 · by gexall · in abuse of process , appeals , applications , conduct , limitation , sanctions in the judgment today in atha & co solicitors v liddle [2018] ewhc 1751 (qb) mr justice turner considered the issue of whether a failure to pay the correct fee on the issue of proceedings meant that a claim was… advocacy: the judge’s view series 3 part 6: may it please you, madam: stories that every litigator needs to know… july 7, 2018 · by gexall · in book review , bundles , civil evidence , witness statements in the sixth in this series we a looking at “may it please you madam” by retired district judge neil hickman. this is not designed as a guide for advocates, indeed the subtitle is “a little book of legal whimsy”. … the “true voice of the witnesses are notably lacking from their witness statements”: inordinate amount of time & costs spent for no good reason july 6, 2018 · by gexall · in civil evidence , civil procedure , witness statements in estera trust (jersey) ltd & anor v singh & ors [2018] ewhc 1715 (ch) mr justice fancourt made some telling observations about the usefulness of witness statements prepared for the case. this is a common observation in relation to witness… case struck out because witness emailed solicitors and counsel & spoke to third parties whilst in the course of giving evidence july 5, 2018 · by gexall · in abuse of process , conduct , striking out in hughes jarvis limited v searle [2018] ew misc b6 (cc) her honour judge clarke struck out the claimant’s case on the grounds that a witness, part-way through giving evidence, communicated with his lawyers. it is an example of the dangers… proving things 117: a dishonest police officer is “malicious”: proving a case for malicious prosecution and misfeasance in public office july 5, 2018 · by gexall · in appeals , civil evidence , witness statements in the judgment in rees & ors v commissioner of police for the metropolis [2018] ewca civ 1587 the court of appeal overturned a finding that a police force was not liable for malicious prosecution and misfeasance in public office because… “change in the law” justifies extension of time: denton considered in the court of appeal july 4, 2018 · by gexall · in appeals , applications , extensions of time , relief from sanctions the denton principles were considered by the court of appeal in qr (pakistan), r (on the application of) v the secretary of state for the home department [2018] ewca civ 1413. the fact that a subsequent judgment of the supreme… brief fee not to be abated because of very late settlement: high court decision today july 4, 2018 · by gexall · in appeals , assessment of costs , costs in hugh cartwright & amin v devoy-williams & anor [2018] ewhc 1692 (qb) mrs justice nicola davies mbe (sitting with an assessor) overturned a decision of a master where counsel’s brief fee was reduced because the matter had settled the afternoon… courtesy, conduct and litigation: a round up of the posts july 3, 2018 · by gexall · in abuse of process , civil evidence , civil procedure , conduct , useful links last week i set out the responses on twitter about professional courtesy and conduct. this is a good opportunity to recap on the four posts on this subject. “aggressive correspondence” and effective litigation: are the two synonymous or diametrically opposed… errors by your own expert are not going to lead to a win on appeal: a knotty situation july 3, 2018 · by gexall · in appe

URL analysis for civillitigationbrief.com

http://www.civillitigationbrief.com/category/avoiding-negligence-claims/
http://www.civillitigationbrief.com/2018/07/09/hourly-rates-and-complex-cases-master-may-have-applied-the-wrong-test-but-came-to-the-right-result/
http://www.civillitigationbrief.com/2018/06/28/home-secretary-refused-permission-to-serve-evidence-late-the-overriding-objective-was-used-even-if-denton-did-not-apply/
http://www.civillitigationbrief.com/2018/07/04/brief-fee-not-to-be-abated-because-of-very-late-settlement-high-court-decision-today/
http://www.civillitigationbrief.com/category/relief-from-sanctions/
http://www.civillitigationbrief.com/category/sanctions/
http://www.civillitigationbrief.com/category/book-review/
http://www.civillitigationbrief.com/category/applications/
http://www.civillitigationbrief.com/legal-disclaimer/
http://www.civillitigationbrief.com/category/experts/
http://www.civillitigationbrief.com/about/
http://www.civillitigationbrief.com/category/damages/
http://www.civillitigationbrief.com/2018/07/09/proving-things-108-it-seems-that-even-the-lord-chancellor-doesnt-know-how-to-prove-things-that-final-sentence-was-both-inaccurate-and-misleading/
http://www.civillitigationbrief.com/category/civil-procedure/
http://www.civillitigationbrief.com/category/assessment-of-costs-2/
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Domain Name: CIVILLITIGATIONBRIEF.COM
Registry Domain ID: 2089461089_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.PublicDomainRegistry.com
Registrar URL: http://www.publicdomainregistry.com
Updated Date: 2018-01-04T00:00:23Z
Creation Date: 2017-01-12T11:09:32Z
Registry Expiry Date: 2019-01-12T11:09:32Z
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Registrar IANA ID: 303
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: +1.2013775952
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Name Server: NS10.SPREADYOURWEB.COM
Name Server: NS9.SPREADYOURWEB.COM
DNSSEC: unsigned
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