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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » November » 17

PROVING THINGS 38: PROVING INABILITY TO PAY ON A SECURITY FOR COSTS APPLICATION

November 17, 2016 · by gexall · in Civil evidence, Civil Procedure, Members Content, Security for Costs, Uncategorized, Witness statements

A party opposing an application for security costs sometimes has to argue that the ordering of security would “stifle” a genuine claim.  This means giving evidence as to that party’s inability to pay.  This test was considered by Mr Richard…

WITNESS STATEMENT OF OPINION IS OF NO ASSISTANCE AND WAS NOT ADMITTED

November 17, 2016 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Uncategorized, Witness statements

There is a telling passage in the judgment of Richard Salter QC in St Vincent European General Partner Ltd -v- Robinson [2016] EWHC 2920 (Comm). A statement of bare opinion, with nothing to support it, was not admitted in evidence….

QADER 2: REMAINING PROBLEMS AND ISSUES: THE CONTINUING DEBATE

November 17, 2016 · by gexall · in Appeals, Costs, Members Content, RTA Protocol, Uncategorized

The post yesterday on the Qader decision has led to a large number of comments.  These are easy to overlook.  I have placed the comments here since these outline the issues that remain unresolved. I have added some sub-headings, but…

IF ONLY SOMEONE WOULD WRITE A BOOK ON EXPERTS...

IF ONLY SOMEONE WOULD WRITE A BOOK ON EXPERTS…

November 17, 2016 · by gexall · in Book Review, Expert evidence, Experts, Members Content, Uncategorized

There have been many occasions on this blog where I have commented on expert evidence. The links below show many cases where experts have caused major problems (usually for the party instructing them). There are numerous reports of cases where…

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