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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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ASSESSING THE CREDIBILITY OF WITNESSES: PROBLEMS WITH INDEPENDENCE WHEN THE WITNESS REQUIRES A TRANSLATOR

ASSESSING THE CREDIBILITY OF WITNESSES: PROBLEMS WITH INDEPENDENCE WHEN THE WITNESS REQUIRES A TRANSLATOR

September 28, 2017 · by gexall · in Civil evidence, Witness statements

Who is going to be believed? This is the central question in many (if not most) cases that go to trial.  The judgment of Miss Amanda Tipples QC in Frenkel v Lyampert & Ors [2017] EWHC 2223 (Ch) shows many of…

THE INHERENT JURISDICTION OF THE COURT: FAMILY COURT HAS ALL THE POWERS OF THE HIGH COURT

THE INHERENT JURISDICTION OF THE COURT: FAMILY COURT HAS ALL THE POWERS OF THE HIGH COURT

September 28, 2017 · by gexall · in Applications, Civil Procedure

In a short judgment today in CH v WH [2017] EWHC 2379 (Fam) Mr Justice Mostyn made pointed observations in relation to the innate jurisdiction of the High Court. “The Family Court has all the powers of the High Court.” THE…

EXPERT REPORTS: "CONTENTIONS THAT SHOULD NEVER HAVE BEEN PURSUED AT ALL"

EXPERT REPORTS: “CONTENTIONS THAT SHOULD NEVER HAVE BEEN PURSUED AT ALL”

September 28, 2017 · by gexall · in Civil evidence, Expert evidence, Experts

In Maximov v Open Joint Stock Company “Novolipetsky Metallurgichesky Kombinat” [2017] EWHC 1911 (Comm) Sir Michael Burton (sitting as a High Court Judge) commented on the expert evidence in relation to Russian law.   The fact that an expert made concessions…

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