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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » January » 19

EVIDENCE, PROOF AND DOCUMENTS: MEDICAL RECORDS NOT DEFINITIVE OF CONDITION

January 19, 2016 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

The judgment of Mrs Justice Patterson DBE in Hunt -v- Nottingham University Hospitals NHS Trust [2016] EWHC 47 (QB) is one where the claimant succeeded in establishing negligence on the part of the defendant Trust. However there is an interesting…

PERMISSION NOT GRANTED TO CALL EMPLOYMENT EXPERTS: THE RELEVANT PRINCIPLES CONSIDERED

January 19, 2016 · by gexall · in Applications, Expert evidence, Experts, Members Content, Uncategorized

In Various Claimants -v- Sir Robert McAlpine [2016] EWHC 45 (QB) Mr Justice Supperstone and Master Leslie considered the rules and case law in relation to the need to call expert witnesses in detail. KEY POINTS The claimants were refused…

JUDGMENT IN OTHER PROCEEDINGS ARE NOT EVIDENCE

January 19, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized

A short passage in the judgment of Mrs Justice Lang DBE in Daniel -v- St George’s Healthcare NHS Trust [2016] EWHC 23 (QB) highlights the point that the conclusions in other proceedings are not evidence in a civil trial. KEY…

RELIEF FROM SANCTIONS REFUSED: NO PERMISSION TO SERVE RESPONDENT'S NOTICE LATE

January 19, 2016 · by gexall · in Appeals, Applications, Members Content, Relief from sanctions, Uncategorized

In Pipe -v- Spicerhaart Estate Agents Ltd [2016] EWHC 61 QB Mr Justice Sweeney refused permission to serve a Respondent’s notice late. “Against the background that this is a small claims case, the conduct of the Respondent in relation to…

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR...)
THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL...)
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A "MINI TRIAL"
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED

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