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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2018 » September » 07
PROVING THINGS 126: FAILURE TO PROVE DISHONESTY

PROVING THINGS 126: FAILURE TO PROVE DISHONESTY

September 7, 2018 · by gexall · in Civil evidence, Civil Procedure, Members Content, Statements of Case

The judgment in Autogas (Europe) Ltd v Ochocki & Ors [2018] EWHC 2345 (Ch) highlights the difficulties for a claimant who has to prove fraud as an essential element of their claim.   The judgment also emphasises the needs to plead allegations…

THE FACT THAT A DEFENDANT CANNOT PAY A JUDGMENT DOES NOT MAKE THE ACTION AN ABUSE OF PROCESS: CLAIMANT GRANTED SUMMARY JUDGMENT

THE FACT THAT A DEFENDANT CANNOT PAY A JUDGMENT DOES NOT MAKE THE ACTION AN ABUSE OF PROCESS: CLAIMANT GRANTED SUMMARY JUDGMENT

September 7, 2018 · by gexall · in Abuse of Process, Applications, Members Content, Summary judgment

In Caribonum Pension Trustee Ltd & Anor v Pelikan Hardcopy Production AG [2018] EWHC 2321 (Ch) Master Clark rejected an argument that the fact that a defendant was never going to be able to pay a judgment meant that the action…

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