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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » February » 05
PART 36: THE UNCERTAIN PROGNOSIS AND THE CLAIMANT'S CONUNDRUM: FIVE POINTS TO THINK ABOUT

PART 36: THE UNCERTAIN PROGNOSIS AND THE CLAIMANT’S CONUNDRUM: FIVE POINTS TO THINK ABOUT

February 5, 2018 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content, Part 36

The earlier post on the Court of Appeal decision in Briggs -v- CEF Holdings Ltd [2017] EWCA 2363 (Civ) gives rise to a conundrum that claimants (and sometimes defendants) have to address.  How do you advise a client when a Part 36…

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

SIR HENRY BROOKE: A TRIBUTE TO HIS ONLINE PRESENCE

February 5, 2018 · by gexall · in Access to justice, Members Content

There are many moving obituaries to Sir Henry Brooke, to his work as a lawyer, a judge and campaigner.  Here I want to pay tribute to his online work. It is significant that Sir Henry had  a very full and…

PROVING THINGS: IF YOU LIKE THE BLOGS - THEN WATCH THE MOVIE...

PROVING THINGS: IF YOU LIKE THE BLOGS – THEN WATCH THE MOVIE…

February 5, 2018 · by gexall · in Civil Procedure, Damages, Members Content, Witness statements

The Webinar I did last week called “Proving things: if you don’t prove it, then you don’t get it” is now available for purchase online. TOPICS COVERED Topics covered include: “If you don’t prove it you don’t get it” Witness…

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN'T BE BRUSHED ASIDE

THE SHORTER TRIAL SCHEME: PROCEDURAL WRANGLING AND PROBLEMATIC EXPERT EVIDENCE: IT CAN’T BE BRUSHED ASIDE

February 5, 2018 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Members Content, Written advocacy

In the judgment today in L’Oréal Société Anonyme RN Ventures Ltd [2018] EWHC 173 (Pat) Mr Justice Henry Carr set out his concerns on aspects of the procedure and expert evidence before the court.  The judgment contains some lessons for litigators…

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  • COST BITES : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)
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