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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » May » 20

APPEALS AGAINST DECISION TO ALLOW EXPERT EVIDENCE: DEFENDANTS TOLD TO GET ON THEIR BIKE

May 20, 2015 · by gexall · in Appeals, Civil evidence, Expert evidence, Members Content

Appeals against orders granting permission for parties to call expert witnesses are rare. It is worthwhile, therefore, reading the judgment of Mr Justice Green in Allen -v- Cornwall Council [2015] EWCA Civ 1461 (QB) with some care. THE CASE The…

A SORRY TALE OF MODERN LITIGATION: ALL AROUND THE HOUSES

May 20, 2015 · by gexall · in Costs, Costs budgeting, Members Content, Risks of litigation

There are some cases where the “reasonable bystander” may feel that all rationality has been lost by the litigants. Read the opening paragraph of Mr Justice Akenhead’s judgment in Mears Ltd -v- Shoreline Housing Partnership Limited [2015] EWHC 1396 (TCC)….

INDEMNITY COSTS AND REDUCED INTEREST ON DAMAGES BECAUSE OF DELAY: COURTS WILL STAY ON THE RAILS

May 20, 2015 · by gexall · in Civil Procedure, Costs, Interest, Members Content

There is a short interesting judgment by Mr Justice Akenhead  in Network Rail Infrastructure Ltd -v- Handy [2015] EWHC 1460 (TCC) which deals with the principles relating to indemnity costs and interest. A further interesting point is that the claimant…

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