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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » February » 11

WHY THOSE RESPONSIBLE FOR THE COURT FEES INCREASE SHOULD HANG THEIR HEADS IN SHAME

February 11, 2016 · by gexall · in Costs, Court fees, Members Content, Uncategorized

If evidence were needed of the profound impact of the increase in court fees in can be found in newspaper articles over the past few days. IT IS JUST ONE CASE The Guardian reported on one case of a social…

THE ROLE OF THE EXPERT WITNESS IN LITIGATION: SUPREME COURT GUIDANCE

February 11, 2016 · by gexall · in Appeals, Credibility of experts, Expert evidence, Experts, Members Content, Uncategorized

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court made some telling observations relating to expert evidence.  This was in the context of a Scottish case, however the observations are of general importance. THE CASE The Supreme Court…

PROVING THINGS 5: WITNESS STATEMENTS AND FAILING ON CAUSATION

February 11, 2016 · by gexall · in Appeals, Applications, Civil evidence, Expert evidence, Members Content, Uncategorized, Written advocacy

The judgment of the Court of Appeal in Abdel-Khalek -v- Qazi Ali [2016] EWCA Civ 80 demonstrates both the difficulties of compounding lay and “expert” evidence and how a case can fail on causation. KEY POINTS The burden was on…

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EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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