COUNSEL'S OPINION OF NO VALUE AT ALL: (ON THIS OCCASION ANYWAY)

COUNSEL’S OPINION OF NO VALUE AT ALL: (ON THIS OCCASION ANYWAY)

July 16, 2017 · by · in Civil evidence, Civil Procedure, Members Content, Written advocacy

I am returning for the fourth time (and still  not the last time) to the decision of Mr Justice Fraser in Imperial Chemical Industries Limited -v- Merit Merrell Technology Limited [2017] EWHC 1763 (TCC).  The parties had exchanged written opinions of leading counsel…

INTERLOCUTORY APPEALS AND THE TIME FACTOR: DENTON, WITNESS STATEMENTS AND AMENDMENT: A HEARING WHEN SEVEN TIMES MORE TIME WAS NEEDED

INTERLOCUTORY APPEALS AND THE TIME FACTOR: DENTON, WITNESS STATEMENTS AND AMENDMENT: A HEARING WHEN SEVEN TIMES MORE TIME WAS NEEDED

July 16, 2017 · by · in Appeals, Applications, Members Content, Relief from sanctions, Statements of Case, Witness statements

The judgment of Mrs Justice May DBE in Myall -v- Ministry of Defence [2017] EWHC 1752 (QB) emphasises the point that many interlocutory appeals come about not so much because of judicial error but  because of the lack of time…

THE DANGERS OF SELECTIVE WITNESS EVIDENCE: WITNESS EVIDENCE THAT WAS "UNSATISFACTORY" AND "SIMPLY NOT RELIABLE"

THE DANGERS OF SELECTIVE WITNESS EVIDENCE: WITNESS EVIDENCE THAT WAS “UNSATISFACTORY” AND “SIMPLY NOT RELIABLE”

July 16, 2017 · by · in Civil evidence, Members Content, Witness statements

I am returning for the third time (and not the last time) to the decision of Mr Justice Fraser in Imperial Chemical Industries Limited -v- Merit Merrell Technology Limited [2017] EWHC 1763 (TCC). We have already looked at the (relatively mild) criticisms of…