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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » February » 03
WHEN WITNESS STATEMENTS ARE USELESS (AND PROBABLY HARMFUL): A FEW CASES TO ILLUSTRATE A COMMON POINT

WHEN WITNESS STATEMENTS ARE USELESS (AND PROBABLY HARMFUL): A FEW CASES TO ILLUSTRATE A COMMON POINT

February 3, 2019 · by gexall · in Applications, Civil evidence, Members Content, Witness statements

For the third (and last) time I am returning to the judgment of HHJ Halliwell in  Currie v Thornley & Anor [2019] EWHC.  172 (Ch).  This time the judge’s observations in relation to witness statements.  Using witness statements to “argue” the case…

THE ABSENCE OF KEY DOCUMENTS CANNOT BE EASILY IGNORED: CLAIMANT SHOULD HAVE BEEN SUCCESSFUL: JUDGMENT FOR DEFENDANT OVERTURNED ON APPEAL

THE ABSENCE OF KEY DOCUMENTS CANNOT BE EASILY IGNORED: CLAIMANT SHOULD HAVE BEEN SUCCESSFUL: JUDGMENT FOR DEFENDANT OVERTURNED ON APPEAL

February 3, 2019 · by gexall · in Appeals, Civil evidence, Civil Procedure, Disclosure, Members Content, Personal Injury

In Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWHC 149 (QB) Mr Justice Garnham overturned a judgment in favour of a defendant. The defendant’s failure to produce key documents, or give any explanation for their not being available,  was a major…

THE ORDER THE COURTS CAN MAKE WHEN A DEFENDANT HAS DIED AND THERE ARE NO EXECUTORS OR ADMINISTRATORS

THE ORDER THE COURTS CAN MAKE WHEN A DEFENDANT HAS DIED AND THERE ARE NO EXECUTORS OR ADMINISTRATORS

February 3, 2019 · by gexall · in Appeals, Civil Procedure, Fatal Accidents, Members Content

Another aspect of the judgment Currie v Thornley & Anor [2019] EWHC.  172 (Ch) relates to the order the courts can make when a defendant in a civil action  has died. THE CASE One of two defendants in a civil action had…

JUDGE ALLOWS CLAIMANT TO RELY ON MATTERS THAT TOOK PLACE AFTER TRIAL: VERY, VERY LATE AMENDMENT ALLOWED

JUDGE ALLOWS CLAIMANT TO RELY ON MATTERS THAT TOOK PLACE AFTER TRIAL: VERY, VERY LATE AMENDMENT ALLOWED

February 3, 2019 · by gexall · in Amendment, Applications, Members Content, Statements of Case

There are several interesting procedural issues that arise in the judgment of HHJ Halliwell (sitting as a High Court Judge) in Currie v Thornley & Anor [2019] EWHC.  172 (Ch). One of which is the judge’s decision to allow the claimant…

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