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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » 2019 » April » 23
WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE - A CASE THAT ILLUSTRATES THE POINT

WITHOUT NOTICE APPLICATIONS: THE DUTY OF FULL AND FAIR DISCLOSURE – A CASE THAT ILLUSTRATES THE POINT

April 23, 2019 · by gexall · in Applications, Civil Procedure, Injunctions

There is an interesting discussion of the duty to give full and fair disclosure in the judgment of HHJ Klein (sitting as a High Court judge) in  Wild Brain Family International Ltd v Robson & Anor [2018] EWHC 3163 (Ch). …

CIVIL PROCEDURE BACK TO BASICS 36A: UNDERSTANDING "LITIGATION WISHFUL THINKING"

CIVIL PROCEDURE BACK TO BASICS 36A: UNDERSTANDING “LITIGATION WISHFUL THINKING”

April 23, 2019 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Witness statements

In assessing a case, and the evidence of both sides, litigators have to be aware of the process of  “litigation wishful thinking”.  Witnesses may be perfectly honest, but their memories as to what happened are influenced by what they wish would have…

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