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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » November » 07

"SECOND HAND" SIGNATURES WILL NOT DO -"PRE-SIGNING" THE STATEMENT OF TRUTH? – NOT A GOOD IDEA

November 7, 2016 · by gexall · in Applications, Civil evidence, Members Content, Professional negligence,, Statements of Case, Statements of Truth, Uncategorized, Witness statements

This blog has covered the importance of the statement of truth on many occasions.  However the issues revealed in the Solicitors Disciplinary hearing in SRA -v- Jackson reveals a remarkably insouciant approach to the statement of truth. THE CASE The…

PROVING THINGS 36: CREDIBILITY & CONTEMPORANEOUS DOCUMENTS: WORKING WITH CHILDREN AND ANIMALS

November 7, 2016 · by gexall · in Civil evidence, Credibility of experts, Members Content, Uncategorized, Witness statements

One of my colleagues tweeted that the judgment in Harris -v-Miller [2016] EWHC 2438 (QB) was “short on the law and long on the facts”. This is a correct assessment. The case  shows just how important the facts are in…

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Top Posts

  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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