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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » May » 17
I'M NOT TAKING A PLEADING POINT - BUT: FAILURE TO PUT A POINT IN CROSS-EXAMINATION NOT FATAL TO CLAIMANT'S CASE

I’M NOT TAKING A PLEADING POINT – BUT: FAILURE TO PUT A POINT IN CROSS-EXAMINATION NOT FATAL TO CLAIMANT’S CASE

May 17, 2018 · by gexall · in Appeals, Civil evidence, Members Content, Statements of Case

The judgment in Auckland v Khan & Anor [2018] EWCA Civ 1148  is in short form.  However it does illustrate the difficulties of appealing on “pleading points” and findings of fact. “There are certainly cases in which the failure to put…

60% OFF AT MORRISONS: SUCCESSFUL CLAIMANTS ONLY RECOVER 40% OF THEIR COSTS: HIGH COURT DECISION

60% OFF AT MORRISONS: SUCCESSFUL CLAIMANTS ONLY RECOVER 40% OF THEIR COSTS: HIGH COURT DECISION

May 17, 2018 · by gexall · in Conduct, Costs, Members Content

In Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC 1123 Mr Justice Langstaff held that the claimants’ conduct of the claim led to unnecessary costs being incurred. Consequentially the defendant was ordered to pay the claimants 40% of the…

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