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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » June » 22

5th BIRTHDAY REVIEW 3: AVOIDING NEGLIGENCE CLAIMS

June 22, 2018 · by gexall · in Civil evidence, Civil Procedure, Limitation, Members Content, Professional negligence,

This is the third post that looks back at series of posts over the past five years. The series on avoiding negligence claims was written at the end of 2013. The emphasis was on avoiding negligence claims, particularly for personal injury…

DAMAGES CLAIMED BUT NOT PLEADED:  REALLY STRANGE WITNESS STATEMENTS; PARTISAN EXPERTS: THE ICI CASE IS BACK IN COURT

DAMAGES CLAIMED BUT NOT PLEADED: REALLY STRANGE WITNESS STATEMENTS; PARTISAN EXPERTS: THE ICI CASE IS BACK IN COURT

June 22, 2018 · by gexall · in Conduct, Damages, Expert evidence, Experts, Members Content, Statements of Case, Witness statements

If you are ever looking for an example of matters going awry in litigation then read the judgment of Mr Justice Fraser in  Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC).  All the usual problematic issues…

THE ASSESSMENT OF COSTS: LIABILITY FOR COSTS LAWYER'S ACTS: THE COURT OF APPEAL DECISION IN GEMPRIDE -v- BAMRAH

THE ASSESSMENT OF COSTS: LIABILITY FOR COSTS LAWYER’S ACTS: THE COURT OF APPEAL DECISION IN GEMPRIDE -v- BAMRAH

June 22, 2018 · by gexall · in Appeals, Applications, Assessment of Costs, Costs, Members Content

Yesterday I gave a short summary of the decision in Gempride Ltd v Bamrah & Anor [2018] EWCA Civ 1367. This is a case worth looking at in detail.   The substantive case settled for £50,000 shortly after issue. The question of…

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