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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » March » 12

HOW A COURT ASSESSES WITNESS EVIDENCE: A SHORT PRIMER

March 12, 2018 · by gexall · in Civil evidence, Members Content, Witness statements

We have already looked at the decision of the upper tribunal in Conegate Ltd v Revenue & Customs (CAPITAL GAINS TAX – purchase of shares) [2018] UKFTT 82 (TC) in relation to issues of privilege and without prejudice discussions.  The same judgment…

PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED

PROVING THINGS 87: FAILURE TO PROVE BASIC ELEMENTS MEANT THAT THE FULL PREMIUM WAS NOT RECOVERED

March 12, 2018 · by gexall · in Civil evidence, Costs, Insurance, Insurance premiums, Members Content

I am grateful to Dominic Regan for sending me a copy of the judgment of District Judge Baldwin in Nicolaou -v- Cass (Liverpool CC 1st November 2017).   The claimant failed to recover a substantial figure for a stage 2 premium…

SETTING ASIDE A DEFAULT JUDGMENT IN RELATION TO SOLICITORS' COSTS: INTEREST SET ASIDE, PRINCIPAL SUM REMAINS A DEBT

SETTING ASIDE A DEFAULT JUDGMENT IN RELATION TO SOLICITORS’ COSTS: INTEREST SET ASIDE, PRINCIPAL SUM REMAINS A DEBT

March 12, 2018 · by gexall · in Applications, Interest, Members Content, Setting aside judgment

In RS v LS & LMP [2018] EWHC 449 (Fam)  Mrs Justice Roberts considered an application to set aside a default judgment obtained in relation to a solicitor’s costs. There are issues in relation to a failure to serve the response…

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