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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » August » 30
SETTING ASIDE AN ORDER ON COURT'S OWN INITIATIVE: A REDETERMINATION OF THE  MATTER AND NOT SUBJECT TO TIBBLES PRINCIPLES

SETTING ASIDE AN ORDER ON COURT’S OWN INITIATIVE: A REDETERMINATION OF THE MATTER AND NOT SUBJECT TO TIBBLES PRINCIPLES

August 30, 2018 · by gexall · in Applications, Civil Procedure, Members Content

There is a short passage in the judgment today of Master Clark in Massimo Osti SRL v Global Design And Innovation Ltd & Anor [2018] EWHC 2263 (Ch) that provides an important reminder of the relevant principles that apply when a…

APPEALING FINDINGS OF FACT: THE WEIGHT OF EVIDENCE IS A CONTEXTUAL EVALUATION FOR THE JUDGE: MEDICAL RECORDS ARE NOT DEFINITIVE

APPEALING FINDINGS OF FACT: THE WEIGHT OF EVIDENCE IS A CONTEXTUAL EVALUATION FOR THE JUDGE: MEDICAL RECORDS ARE NOT DEFINITIVE

August 30, 2018 · by gexall · in Appeals, Civil evidence, Members Content, Written advocacy

We are looking, for the second time, at the Court of Appeal decision yesterday in Manzi -v- King’s College NHS Foundation Trust [2018] EWCA Civ 1882. That part of the judgment that deals with findings of fact  at trial and appeals against…

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