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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2017 » December » 10
CLAIMANT ACCEPTING PART 36 OFFER LATE: COURT ORDERED INDEMNITY COSTS FOR THE PERIOD BETWEEN EXPIRY AND ACCEPTANCE

CLAIMANT ACCEPTING PART 36 OFFER LATE: COURT ORDERED INDEMNITY COSTS FOR THE PERIOD BETWEEN EXPIRY AND ACCEPTANCE

December 10, 2017 · by gexall · in Civil Procedure, Costs, Members Content, Part 36

In Lokhova v Longmuir [2017] EWHC 3152 (QB) Mr Justice Warby considered the court’s discretion when a claimant accepted a defendant’s Part 36 offer late. KEY POINTS A court had jurisdiction to vary the normal order for costs when a claimant…

PROVING THINGS 80: PROVING A SUBROGATED CLAIM: HEALTH INSURANCE COSTS NOT RECOVERED IN FULL

PROVING THINGS 80: PROVING A SUBROGATED CLAIM: HEALTH INSURANCE COSTS NOT RECOVERED IN FULL

December 10, 2017 · by gexall · in Clinical Negligence, Damages, Members Content

It is not uncommon for an insurer to seek to add a claim for outlay to a claim.  This is particularly the case in relation to health insurers who seek to recover outlay in a claim for damages for personal…

WITNESSES WHO ARGUE THE CASE AND EXPERTS WHO ACT AS ADVOCATES: THIS IS NOT GOING TO HELP ...

WITNESSES WHO ARGUE THE CASE AND EXPERTS WHO ACT AS ADVOCATES: THIS IS NOT GOING TO HELP …

December 10, 2017 · by gexall · in Case Management, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Witness statements

In  British Telecommunications Plc v Office Of Communications [2017] CAT 25 the Competition Appeal Tribunal commented on two of the central evidential issues of much commercial litigation: witnesses who give much commentary and “argue” the case; experts who act as advocates. …

SECOND ACTION NOT AN ABUSE OF PROCESS: COURT RESOURCES DOES NOT "TRUMP THE OVERRIDING NEED TO DO JUSTICE"

SECOND ACTION NOT AN ABUSE OF PROCESS: COURT RESOURCES DOES NOT “TRUMP THE OVERRIDING NEED TO DO JUSTICE”

December 10, 2017 · by gexall · in Abuse of Process, Appeals, Applications, Members Content, Relief from sanctions, Second set of proceedings

In Davies v Carillion Energy Services Ltd & Anor [2017] EWHC 3206 (QB) Mr Justice Morris upheld a finding that a second claim brought by the claimant was not an abuse of process.  “…even post-Jackson, ultimately, the importance of the efficient…

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