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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » February » 20
EXPERT EVIDENCE AS TO EARNINGS NOT NECESSARY (THOUGH NOT A CIVIL CASE): ASSESSMENT OF EVIDENCE IS THE JUDGE'S JOB NOT THE EXPERTS

EXPERT EVIDENCE AS TO EARNINGS NOT NECESSARY (THOUGH NOT A CIVIL CASE): ASSESSMENT OF EVIDENCE IS THE JUDGE’S JOB NOT THE EXPERTS

February 20, 2018 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Experts, Members Content

I am trespassing into the area of family law to look at decision of Mr Justice Moor in Buehrlen v Buehrlen [2017] EWHC 3643 (Fam). It is of general interest to civil lawyers because it involves the court considering whether expert…

PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: "ACADEMIC" ISSUE SHOULD PROCEED TO A HEARING

PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: “ACADEMIC” ISSUE SHOULD PROCEED TO A HEARING

February 20, 2018 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

In London Borough of Haringey v Simawi [2018] EWHC 290 (QB) Mr Justice Nicklen expressly considered the Overriding Objective when determining whether a human rights  issue that could be rendered “academic” should continue to a hearing. “Those rules are directed at…

PROVING THINGS 86: CLAIMANTS PROVE THE FACTS BUT FAIL TO PROVE CAUSATION: A SALUTARY TALE

PROVING THINGS 86: CLAIMANTS PROVE THE FACTS BUT FAIL TO PROVE CAUSATION: A SALUTARY TALE

February 20, 2018 · by gexall · in Civil evidence, Damages, Experts, Members Content, Risks of litigation, Witness statements

The decision of His Honour Judge Simpkiss in O’Neill -v- Bull & Bull* (Canterbury County Court 5th February 2018) is an almost classical example of the need to prove things. It also provides a warning to non-contentious lawyers on the…

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Recent Posts

  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … PROVING DAMAGES: 10 KEY POINTS AND LOTS OF RELEVANT LINKS
  • THROWBACK FRIDAY: “PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT” (OCTOBER 2015)
  • EXPERT WATCH 74: “HE EFFECTIVELY ASSUMED AN IMPERMISSIBLE ROLE PROMOTING A PROSECUTION CASE”: EXPERT AND PROSECUTORIAL MISCONDUCT LEAD TO CONVICTIONS BEING QUASHED
  • COST BITES 459 : A DEFENDANT TO COMMITTAL PROCEEDINGS CAN RECOVER COSTS OVER AND ABOVE CRIMINAL LEGAL AID RATES: COURT OF APPEAL DECISION

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