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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » July » 28

THE ARROYO JUDGMENT 2: EXPERTS, OH EXPERTS.

July 28, 2016 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content, Uncategorized

This is the second in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages. Here we look…

THE ARROYO CASE WAS A BIG & COMPLEX ACTION: THE PROBLEMS WERE SIMPLE (AND COMMON) 1: UNCHECKED SCHEDULES OF DAMAGES

July 28, 2016 · by gexall · in Civil evidence, Damages, Members Content, Uncategorized

The judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC is 1885 paragraphs long.  The trial lasted from the 15th October 2014 to the 5th March 2015, that is 62 court days.  The judgment actually…

INCREASED COURT FEES FROM THE 25th July 2016: AN OVERVIEW & USEFUL LINKS

July 28, 2016 · by gexall · in Costs, Court fees, Members Content, Uncategorized

There have been requests, via twitter, that I publicise the increase in court fees that came into effect on the 25th July.  These are not universal increases (they do not increase issue fees in Part 7 claims for instance -…

UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD: ANOTHER JUDGE'S LAMENT

July 28, 2016 · by gexall · in Bundles, Case Management, Civil evidence, Members Content, Uncategorized, Written advocacy

The observations of Mr Justice Kerr at the end of his judgment in Kimmance -v- General Medical Council [2016] EWHC 1808 (Admin) contains some familiar themes in relation to the preparation of cases: bundles, citations and skeletons. “The parties should…

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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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COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
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

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