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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2014 » November » 13

NO GENERAL PRINCIPLES APPLY TO AWARD OF INDEMNITY COSTS: COURT OF APPEAL DECISION

November 13, 2014 · by gexall · in Civil Procedure, Costs, Members Content

In the short supplementary judgment in Tchenguiz -v- Director of the Serious Fraud Office [2014] EWCA Civ 1471 the Court of Appeal stated that there is no general principle that indemnity costs in applications under CPR 31.22. However the judge’s…

WITNESS CREDIBILITY, BOLAM AND CLINICAL NEGLIGENCE: A HIGH COURT DECISION

November 13, 2014 · by gexall · in Civil evidence, Expert evidence, Members Content, Witness statements

The judgment of Stephens J in McGovern  -v- Sharkey [2014] NIQB 117 contains some important observations in relation to the Bolam test and the role of evidence and experts in this context. It demonstrates that the credibility of a lay…

THE TRANSITIONAL PROVISIONS OF QOCS: A DANGER AREA

November 13, 2014 · by gexall · in Avoiding negligence claims, Civil Procedure, Costs, Members Content

I have seen a few problems recently with the transitional provisions of QOCS. In essence if the claimant has entered into a conditional fee agreement at any time in the past then they cannot have the benefit of QOCS.  A…

WHEN DOES MENTIONING LEGAL ADVICE IN A WITNESS STATEMENT LEAD TO WAIVER OF PRIVILEGE

November 13, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content, Witness statements

In The National Crime Agency -v- Perry [2014] EWHC 3759 Mr Justice Wilkie considered the issue of when mention of legal advice in a witness statement leads to waiver of privilege so the legal advice should be disclosed. THE ISSUES…

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