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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » November » 06
WIKIPEDIA IN THE COURTS (SO FAR): MUSIC, BREWERIES, CANALS, DOG WHISTLE POLITICS AND GETTING TO THE HEART OF THE MATTER: SOME QUESTIONS TO BE ASKED

WIKIPEDIA IN THE COURTS (SO FAR): MUSIC, BREWERIES, CANALS, DOG WHISTLE POLITICS AND GETTING TO THE HEART OF THE MATTER: SOME QUESTIONS TO BE ASKED

November 6, 2017 · by gexall · in Civil evidence, Civil Procedure, Members Content

I have had to apologise in the past for taking small parts of a judicial judgment and scrutinising them closely in relation to matters of procedure or evidence. This apology is particularly apposite in relation to the judgment in Oldham Metropolitan…

PROVING THINGS 71: NO EVIDENCE AT ALL: NO DAMAGES AT ALL

PROVING THINGS 71: NO EVIDENCE AT ALL: NO DAMAGES AT ALL

November 6, 2017 · by gexall · in Civil evidence, Damages, Members Content

In Khan v Stockton-On-Tees Borough Council [2017] UKUT 432 (LC) we see another examples of a total failure to prove damages.  I include it as another example of a party attending a hearing with no evidence at all to prove a…

LEAVING ISSUE UNTIL THE LAST MOMENT – ALWAYS DANGEROUS : PARTICULARLY WHEN A CLAIMANT IS ON NOTICE OF POTENTIAL PROBLEMS

November 6, 2017 · by gexall · in Applications, Limitation, Members Content

In Hall v Environment Agency [2017] EWHC 1309 (TCC) His Honour Judge Havelock-Allan QC pointed out the dangers of leaving issue until the last moment, particularly in cases where there were likely to be procedural issues relating to jurisdiction. THE CASE…

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  • THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN "UNFOCUSED" MANNER: A "MOVEABLE FEAST" IS NOT A WISE WAY TO CONDUCT LITIGATION
  • BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
  • THE CURRENT IMPORTANCE OF PLEADINGS 67 : YOU CANNOT RELY ON THE DEFENDANTS' ALLEGED SILENCE AS AN EXCUSE TO ATTEMPT AN UNPLEADED CASE THROUGH THE BACK DOOR
  • AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP - BUT HINDER: "I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT'S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME"
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