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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » February » 23
LEGALLY STREETWISE: WHAT YOU DON'T LEARN IN LAW SCHOOL

LEGALLY STREETWISE: WHAT YOU DON’T LEARN IN LAW SCHOOL

February 23, 2016 · by gexall · in Applications, Members Content, Professional negligence,, Uncategorized, Witness statements

Initially it was a surprise to discover that law students were being told to read this blog (I am not sure I need that kind of pressure). Apparently prospective pupils and trainees are advised to read it to answer interview…

WITNESSES TRIALS AND ACCURACY OF RECOLLECTION (II)

February 23, 2016 · by gexall · in Civil evidence, Clinical Negligence, Members Content, Uncategorized, Witness statements

The previous post dealt with a case where a judge had preferred the evidence of the medical practitioners in a clinical negligence case. As is so often the case a judgment reported on the same day shows a case where…

WITNESSES, TRIALS AND ACCURACY OF RECOLLECTION: ANOTHER EXAMPLE

February 23, 2016 · by gexall · in Civil evidence, Members Content, Professional negligence,, Uncategorized, Witness statements

  In XYZ -v- Warrington & Halton NHS Foundation Trust [2016] EWHC 331 (QB) Mr Justice Dove considered a trial where the outcome, as so often, depended on the accuracy of recollection. THE CASE The claimant brought an action in…

FIXED COSTS AND PART 36: THE JUDGMENT IN THE COURT OF APPEAL

February 23, 2016 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content, Part 36, Uncategorized

The Court of Appeal has given judgment today in Broadhurst -v- Tan [2016] EWCA Civ 94. “Where a claimant makes a successful Part 36 offer in a section IIIA case, he will be awarded fixed costs to the last staging…

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Recent Posts

  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER 3: SO WHY DID THE CLAIMANT LOSE? PLUS – THE STING IN THE TAIL FOR DEFENDANTS…
  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER 2: WAS AN OFFER ON LIABILITY EFFECTIVE IN THIS CONTEXT?
  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER (1): WHAT IS THE DIFFERENCE BETWEEN A “JUDGMENT” AND AN “ORDER” ?
  • COURT OF APPEAL DECISION ON PART 36 THIS MORNING: AN OFFER OF 90% ON LIABILITY COULD POTENTIALLY HAVE PART 36 CONSEQUENCES WHEN A CLAIM IS APPROVED ON DAMAGES (BUT DID NOT IN THIS CASE).
  • THROWBACK FRIDAY: EXTENDING TIME FOR SERVICE OF THE CLAIM FORM ALWAYS WAS (AND REMAINS) A RISKY BUSINESS

Top Posts

  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER 3: SO WHY DID THE CLAIMANT LOSE? PLUS - THE STING IN THE TAIL FOR DEFENDANTS...
  • COURT OF APPEAL DECISION ON PART 36 THIS MORNING: AN OFFER OF 90% ON LIABILITY COULD POTENTIALLY HAVE PART 36 CONSEQUENCES WHEN A CLAIM IS APPROVED ON DAMAGES (BUT DID NOT IN THIS CASE).
  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER 2: WAS AN OFFER ON LIABILITY EFFECTIVE IN THIS CONTEXT?
  • MAZUR MATTERS 46: A "CLAIMANT'S REPRESENTATIVE" HAD NO RIGHT OF AUDIENCE IN THIS SMALL CLAIMS TRIAL: "IT IS TO DISTORT THE PURPOSE OF SCH 3, PARA 7 BEYOND RECOGNITION THAT THE TRADITIONAL ROLE OF AN INHOUSE MANAGING CLERK UNDERTAKING THE ROUTINE WORK OF THE DISTRICT JUDGE BE EXTENDED INTO A WHOLESALE UNQUALIFIED ADVOCACY SCHEME"
  • PART 36 IN THE COURT OF APPEAL TODAY: DIGGING DEEPER (1): WHAT IS THE DIFFERENCE BETWEEN A "JUDGMENT" AND AN "ORDER" ?

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