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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » August » 08
DEALING WITH THE ARCH ENEMY: EVERY LITIGATOR'S BUGBEAR

DEALING WITH THE ARCH ENEMY: EVERY LITIGATOR’S BUGBEAR

August 8, 2018 · by gexall · in Advocacy, Bundles, Members Content, Personal Injury

Some of the ideas for this blog come from the legal community on Twitter.  This evening there was a discussion about the virtues of instructions that arrive in numerous emails versus the problematic (and usually broken) arch lever file.  Last…

THE KIMATHI DECISION 3: THE EVIDENCE GATHERING PROCESS, STANDARD QUESTIONNAIRES AND THE USE OF LEADING QUESTIONS

THE KIMATHI DECISION 3: THE EVIDENCE GATHERING PROCESS, STANDARD QUESTIONNAIRES AND THE USE OF LEADING QUESTIONS

August 8, 2018 · by gexall · in Civil evidence, Members Content, Witness statements

This is the third  in the series that looks at the decision in Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 2066 (QB).  Here we look at the evidence gathering process, in particular the use of questionnaires and the…

CLINICAL NEGLIGENCE, ACCURATE EVIDENCE AND A REMARKABLE CHANGE OF ACCOUNT BY THE CLAIMANT'S WITNESS

CLINICAL NEGLIGENCE, ACCURATE EVIDENCE AND A REMARKABLE CHANGE OF ACCOUNT BY THE CLAIMANT’S WITNESS

August 8, 2018 · by gexall · in Civil evidence, Clinical Negligence, Members Content, Witness statements

The judgment in  Britchford v Staffordshire And Stoke-On-Trent Partnership NHS Trust [2018] EWHC 2109 (QB) is another example of a clinical negligence claim that rested on the accuracy of medical evidence.  A feature of the case is that the claimant did…

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