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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » July » 31

DENTON APPLIED: A (VERY) BRIEF REPORT

July 31, 2014 · by gexall · in Applications, Civil Procedure, Disclosure, Members Content, Relief from sanctions

The Denton principles were mentioned, in passing, in the judgment of HHJ Moloney QC In NNN -v- DI [2014] EWHC B14 (QB). The defendant had been in default in serving a list of documents on the claimant.   A peremptory…

QUOCS IN THE COURT OF APPEAL: FOUR IMPORTANT ISSUES: WAGENAAR CONSIDERED

July 31, 2014 · by gexall · in Civil Procedure, Costs, Members Content

The decision of the Court of Appeal in Wagenaar -v- Weekend Travel Ltd [2014] EWCA Civ 1105 was reported today. It contains important observations  and decisions on qualified one way costs shifting, something that is likely to become a major…

PRINCIPLES OF MITIGATION OF LOSS & THE CREDIBILITY OF EXPERT WITNESSES: A HIGH COURT DECISION CONSIDERED

July 31, 2014 · by gexall · in Civil evidence, Expert evidence, Liability, Members Content

The case of Hirtenstein -v- Hill Dickinson LLP [2014]  EWHC 2711 (Comm) where judgment was given today contains many interesting lessons for those involved in professional negligence litigation in particular.   Here I just want to concentrate upon two: (i)…

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