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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 14
COURT REFORM: VIEW FROM THE DISTRICT JUDGES: "WE QUESTION WHETHER THERE HAS BEEN MEANINGFUL (AS OPPOSED TO TOKEN) CONSULTATION WITH ALL LEVELS OF THE JUDICIARY"

COURT REFORM: VIEW FROM THE DISTRICT JUDGES: “WE QUESTION WHETHER THERE HAS BEEN MEANINGFUL (AS OPPOSED TO TOKEN) CONSULTATION WITH ALL LEVELS OF THE JUDICIARY”

May 14, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Members Content, Rule Changes

The  Justice Committee is carrying out an inquiry into the ongoing  court reforms.  The written evidence it has received is available here. I just want to highlight the views from The Association of Her Majesty’s District Judges.   This makes interesting…

APPEALING FINDINGS OF FACT: THE UPHILL BATTLE

APPEALING FINDINGS OF FACT: THE UPHILL BATTLE

May 14, 2019 · by gexall · in Appeals, Civil Procedure, Members Content

In Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 Lord Justice Lewison set out  a “cut out and keep” guide for parties attempting to appeal findings of fact. A reminder of the uphill battle that appellants…

DEFENDANT CAN ONLY RESPOND TO THE CASE AS PLEADED: COURT REJECTS CLAIMANTS' ATTEMPTS TO INTRODUCE NEW ISSUES

DEFENDANT CAN ONLY RESPOND TO THE CASE AS PLEADED: COURT REJECTS CLAIMANTS’ ATTEMPTS TO INTRODUCE NEW ISSUES

May 14, 2019 · by gexall · in Amendment, Applications, Members Content, Statements of Case

There are two judgments on BAILLI this morning in the Glaxosmithkline case where the judge has resisted the claimants’ attempts to widen the scope of their case beyond the pleaded case and the issues set out in a Group Litigation…

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  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
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