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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2016 » January » 19

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

January 19, 2016 · by gexall · in Civil evidence, 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, 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, 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, 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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