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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION

September 19, 2017 · by gexall · in Applications, Damages

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the question of whether provisional damages should be awarded in relation to a possible deterioration in a claimant’s psychological condition. The fact that the deterioration was…

SENSIBLE CONCESSIONS PLAY NO PART IN THE ORDERING OF INDEMNITY COSTS: ORDER MADE ON MERIT

SENSIBLE CONCESSIONS PLAY NO PART IN THE ORDERING OF INDEMNITY COSTS: ORDER MADE ON MERIT

September 19, 2017 · by gexall · in Conduct, Costs

I have written about the substantive judgment in Imperial Chemical Industries Limited -v- Merit Merrell Technology Limited [2017] EWHC 1763 (TCC) several times already.  There is a shorter judgment on costs at  Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2017] EWHC…

PROVING THINGS 67: THE DIFFICULTIES WHEN WITNESSES DEPARTS FROM THEIR WITNESS STATEMENT: MULTIPLE INCONSISTENCIES DAMAGE CREDIBILITY

PROVING THINGS 67: THE DIFFICULTIES WHEN WITNESSES DEPARTS FROM THEIR WITNESS STATEMENT: MULTIPLE INCONSISTENCIES DAMAGE CREDIBILITY

September 19, 2017 · by gexall · in Civil evidence, Witness statements

I am grateful to my colleague Colm Nugent for sending me a copy of the decision in Baker -v- British Gas Services (Commercial) Limited [2017] EWHC 2302. Amanda Yip QC (sitting as a Deputy Judge of the High Court*), considered…

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