MORE ABOUT WITNESS STATEMENTS AND THE ICI CASE: WHEN EVIDENCE IS NOT ADMISSIBLE AND (WHEN IT IS) IT IS NOT RELIABLE
We are looking again at aspects of the judgment of Mr Justice Fraser in Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC).The previous post in this case looked at the “duplicate” witness statements of the defendant. Here…
FIFTH BIRTHDAY REVIEW 6: PROPORTIONALITY: THE POSTS AND 12 PRACTICAL STEPS
The series “Proportionality & Survival for Litigators” started in December 2014. At the outset I said it could be a long-running and difficult series – it is definitely still ongoing. It remains the case that little written is on proportionality, …
PART 36: COURT OF APPEAL SETS ASIDE ORDER THAT CLAIMANT SHOULD PAY COSTS FROM EARLIER DATE FOLLOWING LATE ACCEPTANCE OF AN OFFER
In the decision today in Tuson v Murphy [2018] EWCA Civ 1461 the Court of Appeal allowed an appeal against an order that a claimant accepting a Part 36 offer late should pay costs from a much earlier date than that…
FIFTH BIRTHDAY REVIEW 5: THE JUDGE’S GUIDE TO ADVOCACY SERIES: TWO AND A HALF DONE
There are two completed series on judge’s guide to advocacy – and we are part way through the third. There is still plenty of material available and I wouldn’t be surprised if there is a fourth series. Advice has been…
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