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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2015 » October » 09

WHEN A WITNESS SAYS DIFFERENT THINGS IN DIFFERENT WITNESS STATEMENTS: DON'T BANK ON WINNING

October 9, 2015 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

In Worthing -v- Lloyd’s Bank PLC [2015] EWHC 2836 (QB) His Honour Judge Keyser Q.C. considered an allegation of negligence against a bank for giving poor investment advice.   However the analysis of the evidence is of most interest to…

WHEN DOES INTEREST BEGIN TO RUN ON COSTS? AN IMPORTANT DECISION

October 9, 2015 · by gexall · in Assessment of Costs, Civil Procedure, Costs, Members Content, Uncategorized

In Involnert Management Inc -v- Aprilgrange Limited [2015] EWHC 2834 (Comm) Mr Justice Legatt addressed the issues of when interest runs on costs. The problem arose because interest under the Judgments Act 1838 carries interest at 8%. Interest on costs…

STRIKING OUT AT TRIAL BECAUSE THE CASE WAS A MESS: A WARNING FOR THOSE WHO WANT LIFE WITHOUT LAWYERS

October 9, 2015 · by gexall · in Bundles, Civil Procedure, Members Content, Striking out, Uncategorized

On a day when the Lord Chief Justice has stated that the legal system must adapt to life without lawyers. It is interesting to read this report of the problems caused by litigants in person. It has kindly been provided…

SERVED A COPY CLAIM FORM BY MISTAKE? THERE MAY BE A WAY OUT: BUT BE CAREFUL

October 9, 2015 · by gexall · in Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Uncategorized

In United Utilities Group PLC -v- Hart (HH Judge Wood, Liverpool County Court, 24th September 2015*) a claimant was granted a “reprieve” after having served a photocopy of the claim form by mistake.  However this is another one of those…

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