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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » June » 01
ASKING QUESTIONS AFTER JUDGMENT: NOT TO BE USED IN AN ATTEMPT TO RE-OPEN THE CASE (OR ARGUE A DIFFERENT CASE ON DIFFERENT GROUNDS)

ASKING QUESTIONS AFTER JUDGMENT: NOT TO BE USED IN AN ATTEMPT TO RE-OPEN THE CASE (OR ARGUE A DIFFERENT CASE ON DIFFERENT GROUNDS)

June 1, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

I am looking again at the decision in  O v B-M [2019] EWFC B23. That case predates the more recent Court of Appeal judgment in  Children [2019] EWCA Civ 898. However it is another example of a party attempting to use the…

THE APPOINTMENT OF A SINGLE JOINT EXPERT DOES NOT DISPLACE THE TRIAL JUDGE: EXPERTS SHOULD NOT "OVERREACH"

THE APPOINTMENT OF A SINGLE JOINT EXPERT DOES NOT DISPLACE THE TRIAL JUDGE: EXPERTS SHOULD NOT “OVERREACH”

June 1, 2019 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In O v B-M [2019] EWFC B23 Mr Recorder Allen QC noted that a Single Joint Expert had gone beyond their remit in making findings of “fact”.   The parties do not “abdicate” findings to a single joint experts and the…

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