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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » May » 18
PROVING THINGS 149: A JUDGE CAN FIND DISHONESTY ON THE FACTS BEFORE THEM EVEN IF IT IS NOT PLEADED

PROVING THINGS 149: A JUDGE CAN FIND DISHONESTY ON THE FACTS BEFORE THEM EVEN IF IT IS NOT PLEADED

May 18, 2019 · by gexall · in Disclosure, Members Content, Statements of Case, Witness statements

We are staying with the decision of HHJ Melissa Clarke in  ATB Sales Ltd v Rich Energy Ltd & Anor [2019] EWHC 1207 (IPEC).    The claimant in that case had not pleaded fraud.  The judge rejected the argument that the absence…

CIVIL PROCEDURE BACK TO BASICS 44: JUST DON'T WRITE RUDE THINGS : LANGUAGE THAT IS "FAR REMOVED FROM THE PROFESSIONAL COURTESY THAT SOLICITORS ARE EXPECTED TO SHOW EACH OTHER"

CIVIL PROCEDURE BACK TO BASICS 44: JUST DON’T WRITE RUDE THINGS : LANGUAGE THAT IS “FAR REMOVED FROM THE PROFESSIONAL COURTESY THAT SOLICITORS ARE EXPECTED TO SHOW EACH OTHER”

May 18, 2019 · by gexall · in Civil evidence, Conduct, Disclosure, Members Content

Don’t write rude things.  Not even in internal emails or texts. One day it may (and probably will) come back to haunt you.  Read the judgment of HHJ Melissa Clarke in  ATB Sales Ltd v Rich Energy Ltd & Anor…

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