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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » January » 10

FIRST CLAIM FORM CASE OF THE YEAR: AND THERE'S A BRIGHTSIDE

January 10, 2017 · by gexall · in Case Management, Civil Procedure, Members Content, Service of the claim form, Serving documents, Uncategorized

Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered  issues…

LIMITATION; SEXUAL ABUSE AND THE SECTION 33 DISCRETION: NO SPECIAL RULE JUST BECAUSE THE DEFENDANT WAS MORALLY CULPABLE

January 10, 2017 · by gexall · in Limitation, Members Content

In GH -v- The Catholic Child Welfare Society (Diocese of Middlesbrough) [2016] EWHC 3337 (QB) HH Judge Gosnell considered the exercise of the Section 33 discretion in a case where there was allegation of sexual abuse that took place in…

LAWYERS, LITIGATION AND MEMORY III: THE GESTMIN PRINCIPLES APPLIED

January 10, 2017 · by gexall · in Civil evidence, Members Content, Uncategorized, Witness statements

“This may be an interesting year for the consideration of issues relating to the accuracy of memory.   An interesting case where the relevant principles were considered in detail can be found in the judgment in EF -v- The Catholic…

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