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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2018 » October » 12
SOLICITORS AND EXPERT WITNESSES CAN GO TO JAIL: WITNESS STATEMENTS AND THE VASTLY CHANGED MEDICAL REPORT

SOLICITORS AND EXPERT WITNESSES CAN GO TO JAIL: WITNESS STATEMENTS AND THE VASTLY CHANGED MEDICAL REPORT

October 12, 2018 · by gexall · in Abuse of Process, Applications, Committal proceedings, Expert evidence, Experts

In Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] EWHC 2581 (QB) Mr Justice Garnham found a solicitor and a doctor in contempt of court.   The solicitor was imprisoned for 12 months, the doctor given a six month sentence,…

EXPERT EVIDENCE - SHOULD YOU FRET ABOUT WHAT THE EXPERT HAS QUOTED?  I DON'T LIKE MONDAYS BUT YOU CAN KEEP THE GUITAR PARTS

EXPERT EVIDENCE – SHOULD YOU FRET ABOUT WHAT THE EXPERT HAS QUOTED? I DON’T LIKE MONDAYS BUT YOU CAN KEEP THE GUITAR PARTS

October 12, 2018 · by gexall · in Civil evidence, Expert evidence, Experts

In Moylett v Geldof & Anor [2018] EWHC 893 (Ch) Mr Justice Carr considered some aspects relating to the admissibility of expert evidence. Statements of others included in a report are not expert evidence, however the inclusion of those statements did…

USING A SKELETON ARGUMENT TO TRY TO FILL GAPS IN THE EVIDENCE  THIS IS NOT GOING TO END WELL...

USING A SKELETON ARGUMENT TO TRY TO FILL GAPS IN THE EVIDENCE THIS IS NOT GOING TO END WELL…

October 12, 2018 · by gexall · in Advocacy, Appeals, Case Management, Civil evidence, Witness statements, Written advocacy

The judgment today in M&P Enterprises (London) Ltd v Norfolk Square (Northern Section) Ltd [2018] EWHC 2665 (Ch) makes interesting reading. The appeal concerned criticisms of the conduct of a trial by a circuit judge.  The main difficulty was that the…

CONSTRUCTION OF A PART 36 OFFER: DEFENDANT'S ARGUMENT IS A PLOT TOO FAR

CONSTRUCTION OF A PART 36 OFFER: DEFENDANT’S ARGUMENT IS A PLOT TOO FAR

October 12, 2018 · by gexall · in Civil Procedure, Part 36

In Bentley Design Consultants Ltd v Sansom [2018] EWHC 2238 (TCC) Mrs Justice Jefford DBE considered a novel point on the construction of a Part 36 offer.  She held that a Part 36 offer made by a claimant could not be…

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  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES
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  • PROVING THINGS 205: COUNSEL NOT ENTITLED TO £6,922,532 IN FEES BUT WERE ENTITLED TO EXEMPLARY DAMAGES
  • SETTING ASIDE A DEFAULT JUDGMENT: DELAY, FAILING TO KNOW THE CORRECT PROCEDURE AND ABSENCE OF MERITS: LORD CHANCELLOR WINS THE DAY...
  • "WHAT'S THE DIFFERENCE BETWEEN KNOWLEDGE AND BELIEF?" WHY IS THIS IMPORTANT? 10 KEY POINTS RE-VISITED
  • “DENTON PROOFING” YOUR PERSONAL INJURY PRACTICE - KNOWING WHERE THINGS GO WRONG AND PUTTING THEM RIGHT: WEBINAR 11th MARCH 2021
  • THE NEW WITNESS STATEMENT REQUIREMENTS AND ADMIRALTY CLAIMS: NEW RULES WILL APPLY

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