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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » May » 05

THE INTERCHANGE BETWEEN LAWYERS & EXPERTS: A DIFFICULT ISSUE

May 5, 2016 · by gexall · in Conduct, Expert evidence, Experts, Members Content, Uncategorized

In a week where there is a report of an application being made for a doctor to be committed for contempt* it is prudent to consider that difficult issue of the relationship between the lawyers in a case and the…

THE MEDICAL EVIDENCE IN SUPPORT OF AN APPLICATION TO ADJOURN CANNOT BE IGNORED

May 5, 2016 · by gexall · in Adjournments, Appeals, Civil Procedure, Expert evidence, Members Content, Uncategorized

A post last week noted the decision of the Court of Appeal in TBO Investments Ltd -v- Mohun Smith EWCA Civ 403 where the court stated that an application under CPR 39.3 should have been allowed when a defendant failed…

LATE SERVICE OF NOTICE OF APPEAL: COUNSEL'S ERROR DOES NOT AMOUNT TO A GOOD REASON

May 5, 2016 · by gexall · in Appeals, Applications, Extensions of time, Members Content, Relief from sanctions, Uncategorized

In the judgment today in Turner -v- South Cambridgeshire District Council [2016] EWHC 1017(Admin)Mr Justice Warby considered the Denton guidance in relation to an application to appeal out of time. Among other factors he rejected the idea that an error…

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