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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » February » 03

ALLEGATIONS OF JUDICIAL BIAS AND THE INFORMED OBSERVER TEST: THE LAW AND PRACTICE

February 3, 2017 · by gexall · in Applications, Civil Procedure, Members Content

In Kimyani -v- Sandhu [2017] EWHC 151 (Ch) Master Matthews dealt with the difficult issue of a litigant alleging judicial bias.  This judgment emphasises the fact that the test is one of the fair minded and informed observer and not…

THE DUTY OF FULL DISCLOSURE ON WITHOUT NOTICE APPLICATIONS: ANOTHER EXAMPLE OF PROBLEMS OCCURRING

February 3, 2017 · by gexall · in Applications, Extensions of time, Members Content, Service of the claim form

The New Year’s resolution for litigators that I recommended this year came (apparently) as a surprise to many: “Think very carefully before, during and after, making an ex parte application of any kind.”  The judgment of Mrs Justice Andrews DBE…

EXPERT EVIDENCE NOT NECESSARY ON AN QUESTION OF CONSTRUCTION: SNEAKING EXPERT EVIDENCE INTO WITNESS STATEMENTS: EVIDENCE IS STRUCK OUT

February 3, 2017 · by gexall · in Applications, Expert evidence, Experts, Members Content, Witness statements

We have seen several examples of litigants attempting to give “expert” evidence in their witness statements.  This practice was considered by Master Matthews in Change Red Limited -v- Barclays Bank PLC [2016] EWHC 3489 (Ch). The Master was considering whether…

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