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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » July » 05
MEMORY IS FLUID AND MALLEABLE: CENTRAL TO THE OUTCOME OF A TRIAL: GESTMIN CONSIDERED AND APPLIED

MEMORY IS FLUID AND MALLEABLE: CENTRAL TO THE OUTCOME OF A TRIAL: GESTMIN CONSIDERED AND APPLIED

July 5, 2019 · by gexall · in Civil evidence, Members Content, Witness statements

Another aspect of the judgment in Walsh v Greystone Financial Services Ltd [2019] EWHC 1719 (Ch)  was the trial depended largely on the judge’s assessment of the evidence of the claimant.  There was reference, unsurprisingly, to Gestmin. “Memory is fluid…

WHEN THE EXPERT WITNESS ACTUALLY SAYS THEY ARE AN "ADVOCATE": WHAT IS GOING TO HAPPEN?

WHEN THE EXPERT WITNESS ACTUALLY SAYS THEY ARE AN “ADVOCATE”: WHAT IS GOING TO HAPPEN?

July 5, 2019 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In LIC Telecommunications SARL & Anor v VTB Capital Plc & Ors [2019] EWHC 1747 (Comm)  Mrs Justice Moulder made some telling observations in relation to the expert evidence. THE CASE The application concerned whether certain proceedings were duly authorised….

I DON'T WANT YOUR SOLICITORS TO ACT FOR YOU: CLAIMANT'S APPLICATION FOR AN INJUNCTION REFUSED

I DON’T WANT YOUR SOLICITORS TO ACT FOR YOU: CLAIMANT’S APPLICATION FOR AN INJUNCTION REFUSED

July 5, 2019 · by gexall · in Applications, Conduct, Members Content

In Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC) HHJ Hacon dismissed the claimant’s application for an injunction to prevent the defendants’ solicitors acting for them. THE CASE The…

"CHARACTER EVIDENCE" IN CIVIL CASES: NOT ALLOWED (AND NOT MUCH USE ANYWAY)

“CHARACTER EVIDENCE” IN CIVIL CASES: NOT ALLOWED (AND NOT MUCH USE ANYWAY)

July 5, 2019 · by gexall · in Civil evidence, Members Content, Witness statements

In Walsh v Greystone Financial Services Ltd [2019] EWHC 1719 (Ch) Mr Justice Nugee made some observations about evidence that was, in part, “character evidence”. THE CASE The claimant brought an action seeking damages after being advised to invest in…

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