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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » May » 13

WITNESS STATEMENTS AND FUNDAMENTAL DISHONESTY: NOW THERE REALLY IS ONE LAW FOR THE RICH: THE PRACTICAL IMPLICATIONS FOR CLAIMANT LAWYERS

May 13, 2015 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

There has been much debate about the impact of the “fundamental dishonesty” law.  One practical effect it must have, however, is to ensure that claimant lawyers consider and explain the importance of the witness statement. THE ISSUE The problem with…

WASTED COSTS HEARING: NOT JUSTIFIED BECAUSE OF LIKELY COSTS INVOLVED: CAVEAT LITIGATOR

May 13, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content, Risks of litigation

In Kagalovsky -v- Balmore Invest Limited [2015] EWEHC 1337 (QB) Mr Justice Turner turned down a wasted costs application at the first stage. “A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should…

CASE PROJECT MANAGEMENT: PRESENTATION BY H.H. JUDGE SIMON BROWN QC.

May 13, 2015 · by gexall · in Civil evidence, Civil Procedure, Costs budgeting, Members Content, Risks of litigation

Attached to this post  –  Case Project Management (1) – are the slides that HH Judge Brown used in his recent address on Case Project Management to the Association of Cost Lawyers. Reproduced with his permission. KEY POINTS The slides take…

COURT OF APPEAL UPHOLDS ORDER STRIKING OUT CLAIM FOR FAILURE TO SERVE EXPERT REPORT: DON'T PARK THE LORRY WHEN THE TIDE IS AGAINST YOU

May 13, 2015 · by gexall · in Appeals, Applications, Civil Procedure, Expert evidence, Members Content, Relief from sanctions

In Elliott -v- Stobart Group Ltd [2015] EWCA Civ 449 the Court of Appeal upheld a decision to strike out an application for damages because of a failure to serve a medical report. “In my judgment Judge Platts was correct…

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