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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » September » 13

FAILURE TO PROVIDE INFORMATION IN WITNESS STATEMENT LEADS TO APPLICATION BEING STRUCK OUT: HIGH COURT DECISION TODAY

September 13, 2016 · by gexall · in Applications, Members Content, Peremptory orders, Striking out, Uncategorized, Witness statements

Chief Master Marsh has had a busy day. This is the second decision today I am writing about. In  Wave Lending Ltd -v- Batra and SFM Legal Services Ltd [2016] EWHC 2238 (Ch) he considered whether a witness statement complied…

COSTS BUDGETING AND LITIGANTS IN PERSON: BUDGETING THE COSTS OF ASSISTANCE AND COUNSEL

September 13, 2016 · by gexall · in Applications, Assessment of Costs, Members Content, Uncategorized

The decision today of Chief Master Marsh in Campbell -v- Campbell [2016] EWHC 2237 (Ch) deals with some important issues in relation to costs budgeting, the costs of litigants in person, instructing counsel and the nature of costs budgeting generally. “……

WITNESS STATEMENTS: WHEN CAN A LAY WITNESS GIVE OPINION EVIDENCE?THE STATUTE, THE CASES & SOME GUIDANCE

September 13, 2016 · by gexall · in Civil evidence, Clinical Negligence, Expert evidence, Members Content, Uncategorized, Witness statements

I have written, many times, about the dangers of putting opinion evidence into witness statements.  The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse…

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