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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » 2018 » May » 23
COURT FEES AND STRIKING OUT: CROSS -v- BLACK BULL: PERMISSION TO APPEAL REFUSED

COURT FEES AND STRIKING OUT: CROSS -v- BLACK BULL: PERMISSION TO APPEAL REFUSED

May 23, 2018 · by gexall · in Abuse of Process, Appeals, Court fees, Striking out

In January this year  I reported the judgment in Cross-v- Black Bull (Doncaster) Limited* (Sheffield County Court 21st December 2017) 072 – Cross v Black Bull – Judgment.Where HH Judge Robinson allowed an appeal where the District Judge had struck out a case…

PROVING THINGS 103: CAUSATION WHEN THE CLAIMANT TRIED TO ESCAPE FROM A BALCONY:  A TALE OF TWO JUDGMENTS

PROVING THINGS 103: CAUSATION WHEN THE CLAIMANT TRIED TO ESCAPE FROM A BALCONY: A TALE OF TWO JUDGMENTS

May 23, 2018 · by gexall · in Appeals, Civil evidence, Civil Procedure

There is an interesting consideration of causation in the Court of Appeal judgment  today in Clay v TUI UK Ltd [2018] EWCA Civ 1177.  This has the flavour of a case that may go further.   There is an interesting dissenting judgment…

PROVING THINGS 1O2: FAILING TO PROVE CHANCE OF RECONCILIATION

PROVING THINGS 1O2: FAILING TO PROVE CHANCE OF RECONCILIATION

May 23, 2018 · by gexall · in Civil evidence, Damages, Fatal Accidents, Witness statements

A claimant in a fatal accident claim does not have to prove an entitlement to a dependency claim on the balance of probabilities.  The court can, in appropriate cases, look at the case on the basis of loss of chance,…

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  • "INTERROGATION" OF A DRAFT JUDGMENT IS EXCESSIVE: COURT OF APPEAL JUDGMENT TODAY
  • COST BITES 52: "WE WANT IT ALL AND WE WANT IT NOW": COURT REFUSES CLAIMANT'S APPLICATION FOR A SUMMARY ASSESSMENT OF COSTS
  • COST BITES 51: CASE FOR FALSE IMPRISONMENT WAS APPROPRIATE FOR THE FAST TRACK NOT SMALL CLAIMS TRACK: DECISION UPHELD ON APPEAL
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