PROVING THINGS 114: A WITNESS OF FACT CANNOT GIVE EXPERT EVIDENCE: NO ADMISSIBLE EVIDENCE OF ANY LOSS

PROVING THINGS 114: A WITNESS OF FACT CANNOT GIVE EXPERT EVIDENCE: NO ADMISSIBLE EVIDENCE OF ANY LOSS

June 19, 2018 · by · in Civil evidence, Damages, Expert evidence, Experts, Members Content

There are several elements worth looking at in the judgment in Wessely & Anor (Liquidators of Laishley Ltd) v White [2018] EWHC 1499 (Ch).  However it is a prime example of a simple failure to prove things. If the applicants had…

CFA IS STILL VALID EVEN IF IT NAMES THE WRONG DEFENDANT: COURT OF APPEAL DECISION

CFA IS STILL VALID EVEN IF IT NAMES THE WRONG DEFENDANT: COURT OF APPEAL DECISION

June 19, 2018 · by · in Appeals, Conditional Fee Agreements, Costs, Members Content

In  Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 the Court of Appeal held that a Conditional Fee Agreement was valid even though it named the wrong defendant.  The judgment contains important observations on how conditional fee agreements should…