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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » March » 16
THE POST OFFICE CASE (AGAIN): STRIKING OUT PASSAGES IN WITNESS STATEMENTS: THE DEFENDANT WITH SUPERNATURAL POWERS

THE POST OFFICE CASE (AGAIN): STRIKING OUT PASSAGES IN WITNESS STATEMENTS: THE DEFENDANT WITH SUPERNATURAL POWERS

March 16, 2019 · by gexall · in Civil evidence, Members Content, Striking out, Witness statements

For the third time today I am writing about the case of Bates & Ors v Post Office Ltd [2018] EWHC 2698 (QB). However we are now looking at the earlier interlocutory application by the defendant to strike out large parts…

CASE MANAGEMENT, "RELEVANCE" AND ATTEMPTS TO HOLD THE COURT "IN TERROREM": MORE ON THE POST OFFICE CASE (SOME EXTRAORDINARY ISSUES HERE)

CASE MANAGEMENT, “RELEVANCE” AND ATTEMPTS TO HOLD THE COURT “IN TERROREM”: MORE ON THE POST OFFICE CASE (SOME EXTRAORDINARY ISSUES HERE)

March 16, 2019 · by gexall · in Applications, Case Management, Conduct, Members Content

I am returning to the judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB) because parts of the judgment set out arguments and conduct of litigation that is, to say the least, unusual.   This part…

ASSESSING WITNESS CREDIBILITY: WHEN POST OFFICE WITNESSES DO NOT DELIVER

ASSESSING WITNESS CREDIBILITY: WHEN POST OFFICE WITNESSES DO NOT DELIVER

March 16, 2019 · by gexall · in Civil evidence, Members Content, Witness statements

The judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB) is 1122 paragraphs long, following a two week long trial.  There are aspects of this case I will look at again. However, it is interesting…

AGREEING EXTENSIONS OF TIME: ADVICE FROM M' LEARNED FRIEND: "DON'T PANIC" AND BE TOTALLY CLEAR IN WHAT YOU ARE AGREEING

AGREEING EXTENSIONS OF TIME: ADVICE FROM M’ LEARNED FRIEND: “DON’T PANIC” AND BE TOTALLY CLEAR IN WHAT YOU ARE AGREEING

March 16, 2019 · by gexall · in Civil Procedure, Extensions of time, Limitation, Members Content

In his post yesterday Agreeing An Extension to the Limitation Period Nigel Poole QC dealt with some of the issues arising from the judgment in  Cowan v Foreman and ors [2019] EWHC 349 (Fam) where Mostyn J suggested it was not possible for the…

GIVING NOTICE THAT YOU ARE GOING TO ATTACK AN EXPERT'S CREDIBILITY: ISSUES THAT ARISE WHEN EXPERT'S HAVE PRIOR DEALINGS WITH THE PARTIES

GIVING NOTICE THAT YOU ARE GOING TO ATTACK AN EXPERT’S CREDIBILITY: ISSUES THAT ARISE WHEN EXPERT’S HAVE PRIOR DEALINGS WITH THE PARTIES

March 16, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

In  Hamad M. Aldrees & Partners v Rotex Europe Ltd [2019] EWHC 574 (TCC)  Sir Antony Edwards-Stuart expressed concern about an attack on the credibility of an expert witness.  In that case there was no evidence to support an assertion that…

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