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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2017 » March » 03
A WITNESS IN THE COURSE OF GIVING EVIDENCE IS IN PURDAH: THE ROLE OF THE LAWYER

A WITNESS IN THE COURSE OF GIVING EVIDENCE IS IN PURDAH: THE ROLE OF THE LAWYER

March 3, 2017 · by gexall · in Adjournments, Striking out, Witness statements

The Employment Tribunal decision in Chidzoy -v- BBC (available here) contains an important lesson to lawyers and litigants alike.  A witness in the course of giving evidence is in “purdah” – in that they should not discuss the case with…

THE SELF-CONFIDENT WITNESSES THAT CONVINCE THEMSELVES BUT NO-ONE CAN RELY ON

THE SELF-CONFIDENT WITNESSES THAT CONVINCE THEMSELVES BUT NO-ONE CAN RELY ON

March 3, 2017 · by gexall · in Civil evidence, Witness statements

In Bhullar -v- Bhullar [2017] EWHC 407 (Ch) His Honour Judge Stephen Davies had the difficult task of ascertaining the truth in that most fraught and difficult of circumstances: a family that has been in business together and then fallen out….

EXPERT WITNESSES: RARELY TOTALLY IMPARTIAL BUT SOME ARE LESS PARTIAL THAN OTHERS

EXPERT WITNESSES: RARELY TOTALLY IMPARTIAL BUT SOME ARE LESS PARTIAL THAN OTHERS

March 3, 2017 · by gexall · in Civil evidence, Expert evidence, Experts

There is a short passage in the judgment of His Honour Judge Hacon in Edward Lifesciences -v- Boston Scientific 2017] EWHC 405 (Pat) (03 March 2017) that encapsulate the issues surrounding the assessment of expert evidence. “Rarely, if ever, is an…

HIGH COURT WRITES AN OPEN LETTER TO LITIGANTS IN PERSON: STRIKING OUT CAN BE A BENEFIT NOT A BURDEN

HIGH COURT WRITES AN OPEN LETTER TO LITIGANTS IN PERSON: STRIKING OUT CAN BE A BENEFIT NOT A BURDEN

March 3, 2017 · by gexall · in Appeals, Civil Procedure, Striking out

There are aspects of the judgment of Mr Justice Walker in Chambers -v- Rooney [2017] EWHC 285 (QB) that amount to an open letter from the High Court to litigants in person. Some of the observations are aimed at everyone…

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  • CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT - AND THE LIMITATION PERIOD HAD EXPIRED: DON'T START BREAKING THE CROCKERY JUST YET
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