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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » June » 21
ABSENT WITNESSES DO NOT LEAD TO ADVERSE INFERENCES: ARGUMENT WOULD LEAD TO NEW "COSTS AND TERROR" IN LITIGATION

ABSENT WITNESSES DO NOT LEAD TO ADVERSE INFERENCES: ARGUMENT WOULD LEAD TO NEW “COSTS AND TERROR” IN LITIGATION

June 21, 2017 · by gexall · in Civil evidence, Members Content, Witness statements

In Astex Therapeutics Limited -v- Astranzenca AB [2017] EWHC 1442 (Ch) Mr Justice Arnold considered, and robustly dismissed, an argument that the court should draw adverse inferences from absent witnesses. “I find it extraordinary that it can be suggested that…

COSTS BUDGETING AND THE FINAL BILL: HARRISON IN THE COURT OF APPEAL

June 21, 2017 · by gexall · in Appeals, Costs, Costs budgeting, Members Content

How definitive is a costs budget when it comes to detailed assessment? That is an issue that has been troubling the courts now for a few years.  The judgment of the Court of Appeal  today in Harrison -v- University Hospitals…

SUMMARY JUDGMENT FOR THE DEFENDANT IN A FATAL ACCIDENT CASE: DODD -V- RAEBARN IN THE COURT OF APPEAL

SUMMARY JUDGMENT FOR THE DEFENDANT IN A FATAL ACCIDENT CASE: DODD -V- RAEBARN IN THE COURT OF APPEAL

June 21, 2017 · by gexall · in Appeals, Members Content, Summary judgment

I am grateful to my colleague Colm Nugent for supplying me with a copy of the judgment in Dodd -v- Raeburn [2017] EWCA Civ 439 *given today the Court of Appeal upheld an order giving summary judgment in a fatal…

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