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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » February » 17

PROVING THINGS 10: "HE SAID, SHE SAID": THE DIFFICULTIES OF RECOLLECTION

February 17, 2016 · by gexall · in Civil evidence, Clinical Negligence, Disclosure, Members Content, Uncategorized, Witness statements

In Jaciubek -v- Gulati [2016] EWHC 269 (QB) Mr Justice Foskett faced a familiar problem of matching up recollection evidence with (incomplete) medical notes.  There are important practical points relating to the accuracy of recollection and the judicial scrutiny of…

EXPERTS AND FACTS: IT IS ALL IN THE RULES

February 17, 2016 · by gexall · in Civil evidence, Experts, Members Content, Uncategorized

Following the post yesterday about proving things and the role of experts there was an interesting comment from Elfed Williams. WHAT DOES AN EXPERT DO ABOUT FACTS? “I have some misgivings about whether an expert should identify primary facts and…

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