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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 05
WHEN THINGS GO WRONG FOR A DEFENDANT AT TRIAL: FOUR LESSONS FROM ONE CASE: WHEN YOU HAVE AN EXPERT WHO STATES THEY ARE "BIASED"...

WHEN THINGS GO WRONG FOR A DEFENDANT AT TRIAL: FOUR LESSONS FROM ONE CASE: WHEN YOU HAVE AN EXPERT WHO STATES THEY ARE “BIASED”…

May 5, 2019 · by gexall · in Civil evidence, Expert evidence, Experts, Members Content, Professional negligence,, Witness statements

In Hanbury & Anor v Hugh James Solicitors (a firm) [2019] EWHC 1074 (QB) Mrs Justice Yip found that a firm of solicitors had been negligent in its conduct of a fatal accident case.  There are a number of lessons…

DEFENDANT'S PART 36 OFFER WAS VALID: COURT OF APPEAL UPHOLD OFFER THAT REFERRED TO UNPLEADED COUNTERCLAIM AND SOUGHT 8% INTEREST AFTER EXPIRY

DEFENDANT’S PART 36 OFFER WAS VALID: COURT OF APPEAL UPHOLD OFFER THAT REFERRED TO UNPLEADED COUNTERCLAIM AND SOUGHT 8% INTEREST AFTER EXPIRY

May 5, 2019 · by gexall · in Appeals, Applications, Costs, Members Content, Part 36

In Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 the Court of Appeal upheld a finding that a defendant’s Part 36 offer was a valid one. The offer related to a counterclaim that had yet to be…

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Recent Posts

  • ARE YOU SURE WHO IS REALLY INSTRUCTING YOU? SOLICITORS DECEIVED BY A FALSE EMAIL ADDRESS IN NAOMI CAMPBELL’S CASE
  • COSTS BITES 461: WINNING THE CASE BUT LOSING THE MAIN BATTLE MEANS CLAIMANT RECOVERS 85% OF COSTS: DEFENDANT CANNOT SEEK THE ADVANTAGES OF PART 36 WITHOUT MAKING A PART 36 OFFER
  • WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … APPLYING TO RELY ON EXPERT EVIDENCE (2): A GUIDE FOR RESPONDENTS: 10 KEY POINTS WITH USEFUL LINKS
  • PROVING THINGS 297 : THE COURT OF APPEAL OVERTURNED A FINDING THAT A SOLICITOR WAS DISHONEST: RECKLESSNESS AND CUTTING CORNERS ARE NOT THE SAME AS DISHONESTY
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