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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » October » 15

THE ROLE OF THE APPELLATE COURT IN CONSIDERING FINDINGS OF FACT

October 15, 2014 · by gexall · in Appeals, Civil evidence, Civil Procedure, Members Content, Witness statements

In Clydesdale Bank -v- Duffy [2014] EWCA Civ 1260 the Court of Appeal set out a clear statement of the limited role of the appeal court in considering appeals in relation to findings of fact by the trial judge. THE…

SETTING ASIDE JUDGMENT, MITCHELL AND DENTON: THE COURT OF APPEAL'S VIEW

October 15, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Statements of Case

The question of how far the “Mitchell/Denton” principles apply to applications by defendants to set aside judgments was considered by the Court of Appeal in Regione Piemonte -v- Dexia Credop SpA [2014] EWCA Civ 1298.  It can be seen that these principles…

DRAFTING A SKELETON OR WANT TO SERVE AN ADDITIONAL SKELETON ARGUMENT? THEN YOU HAD BETTER READ THIS

October 15, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Written advocacy

We have looked before at judicial complaints about the length and extent of skeleton arguments. Similar grievances can be seen in the judgment of the Court of Appeal earlier this week in Tchenguiz -v- Director of the Serious Fraud Office…

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