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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » May » 25
PROVING THINGS 105: BURDEN ON CLAIMANT TO PROVE A DEFECT: THE DIFFICULT TASK OF APPEALING FINDINGS OF FACT ON APPEAL

PROVING THINGS 105: BURDEN ON CLAIMANT TO PROVE A DEFECT: THE DIFFICULT TASK OF APPEALING FINDINGS OF FACT ON APPEAL

May 25, 2018 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Members Content, Personal Injury

I am grateful to Matthew Snarr for sending me a copy of the judgment, given yesterday, in Bond -v- Tom Croft (Bolton) Ltd [2018] EWHC 1290 QB.  It contains an important observation about the burden of proof in establishing that…

"AVOIDING PAROCHIALISM": TRANSFER BETWEEN DIVISIONS - NO EVIDENCE ONE DIVISION IS BETTER THAN ANOTHER

“AVOIDING PAROCHIALISM”: TRANSFER BETWEEN DIVISIONS – NO EVIDENCE ONE DIVISION IS BETTER THAN ANOTHER

May 25, 2018 · by gexall · in Applications, Members Content

In Mezvinsky & Anor v Associated Newspapers Ltd [2018] EWHC 1261 (Ch) Chief Master Marsh refused an application to transfer from the Business and Property Courts to the Media and Communications List. “the court hearing an application for transfer must be…

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