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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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GUIDANCE ON INSTRUCTING EXPERTS (3): THE INSTRUCTION OF EXPERTS: THE CIVIL JUSTICE COUNCIL GUIDANCE

GUIDANCE ON INSTRUCTING EXPERTS (3): THE INSTRUCTION OF EXPERTS: THE CIVIL JUSTICE COUNCIL GUIDANCE

May 31, 2019 · by gexall · in Civil evidence, Expert evidence, Experts, Members Content

We are returning to the Civil Justice Council “Guidance for the instruction of experts in civil claims”. This time the guidance on the instruction of experts. Remember this guidance is incorporated into the rules.  It provides a essential information as…

"VERY UNFORTUNATELY, ON TWO OCCASIONS... THE ... JUDGE FELL ASLEEP": APPEAL ALLOWED

“VERY UNFORTUNATELY, ON TWO OCCASIONS… THE … JUDGE FELL ASLEEP”: APPEAL ALLOWED

May 31, 2019 · by gexall · in Access to justice, Appeals, Members Content

In Science Museum Group v Wess [2019] UKEAT 0260 HHJ Auberach made a finding that the Employment Judge had fallen asleep. The appeal was allowed on this ground alone. “I find as a fact that, very unfortunately, on the afternoon…

GUIDANCE ON INSTRUCTING EXPERTS (2): THE APPOINTMENT OF EXPERTS: THE CIVIL JUSTICE COUNCIL GUIDANCE

May 31, 2019 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

The importance of the guidance given by the Civil Justice Council  “Guidance for the instruction of experts in civil claims” is often overlooked.  Not only are few people aware of exist of the guidance, fewer still are aware that it…

DRAFT JUDGMENTS "ARE NOT AN INVITATION TO TREAT": COURT OF APPEAL SEEKS TO PUT AN END TO REQUEST THAT ARE "CONFRONTATIONAL AND DISRESPECTFUL"

DRAFT JUDGMENTS “ARE NOT AN INVITATION TO TREAT”: COURT OF APPEAL SEEKS TO PUT AN END TO REQUEST THAT ARE “CONFRONTATIONAL AND DISRESPECTFUL”

May 31, 2019 · by gexall · in Appeals, Members Content

In I Children [2019] EWCA Civ 898 the Court of Appeal gave clear guidance to practitioners who write to the court seeking “clarification” of a written judgment.  There are clear parameters and the parties should not use the draft judgment…

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