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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » March » 21
WHEN YOU ASK SOMEONE TO SIGN A DOCUMENT WITH A STATEMENT OF TRUTH: OR SIGN ONE YOURSELF: BEST READ THIS IF YOU DON'T WANT TO GO TO JAIL

WHEN YOU ASK SOMEONE TO SIGN A DOCUMENT WITH A STATEMENT OF TRUTH: OR SIGN ONE YOURSELF: BEST READ THIS IF YOU DON’T WANT TO GO TO JAIL

March 21, 2019 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

The judgment in Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392 goes much further than a warning to errant experts. It contains important observations that must be considered  by the entire profession. Particularly those who draft statements, and those…

SETTING ASIDE AN ORDER WHEN THE DEFENDANT DID NOT APPEAR: THE RULES SHOULD BE FOLLOWED

SETTING ASIDE AN ORDER WHEN THE DEFENDANT DID NOT APPEAR: THE RULES SHOULD BE FOLLOWED

March 21, 2019 · by gexall · in Appeals, Applications, Members Content

There are several unusual aspects about the decision of Salix Homes v Mantato [2019] EWCA Civ 445, not least it is an appeal directly from a Deputy District Judge to the Court of Appeal. In addition to the point of  law…

A SECOND ACTION TO SET ASIDE AN EARLIER JUDGMENT OBTAINED BY FRAUD: SUPREME COURT DECISION: THE "BARE KNUCKLE FIGHT" OF THE LAW

A SECOND ACTION TO SET ASIDE AN EARLIER JUDGMENT OBTAINED BY FRAUD: SUPREME COURT DECISION: THE “BARE KNUCKLE FIGHT” OF THE LAW

March 21, 2019 · by gexall · in Appeals, Civil Procedure, Members Content

In Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13 the Supreme Court held that a claimant could bring an action to set aside an earlier judgment which, it is alleged, was obtained by fraud.  The judgment deals with two…

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