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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » February » 01
FRESH PROCEEDINGS CAN BE ISSUED IF FIRST PROCEEDINGS ON BEHALF OF THE DECEASED WERE A NULLITY: DENTON CONSIDERED

FRESH PROCEEDINGS CAN BE ISSUED IF FIRST PROCEEDINGS ON BEHALF OF THE DECEASED WERE A NULLITY: DENTON CONSIDERED

February 1, 2019 · by gexall · in Applications, Case Management, Civil Procedure, Fatal Accidents, Members Content, Relief from sanctions

In the judgment today in Hutson & Anor, The Personal Representatives of v Tata Steel UK Ltd [2019] EWHC 143 (QB) Mr Justice Turner considered several points relating to the ability of those acting on behalf of an estate to…

HAVING A COPY OF WITNESS STATEMENTS AVAILABLE AT COURT: IT IS IN THE RULES

HAVING A COPY OF WITNESS STATEMENTS AVAILABLE AT COURT: IT IS IN THE RULES

February 1, 2019 · by gexall · in Civil evidence, Civil Procedure, Members Content, Witness statements

One other aspect of the decision in Prosser v British Airways Plc [2018] EW Misc B13 is worth noting.  There was a rare reference to the requirements of CPR 32.13(1). Copy witness statements must be available at  the trial for inspection.  …

PROVING THINGS 139: WHEN THE JUDGE HAS TO DECIDE WHETHER ITS ALL BEEN A BIT OF A CRUSH

PROVING THINGS 139: WHEN THE JUDGE HAS TO DECIDE WHETHER ITS ALL BEEN A BIT OF A CRUSH

February 1, 2019 · by gexall · in Civil evidence, Expert evidence, Experts, Members Content, Witness statements

Most  of the cases looked at in this series are decisions in the High Court. However issues of witness credibility and accuracy are a constant issue throughout virtually every layer of court and tribunal. In Prosser v British Airways Plc [2018]…

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