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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » July » 12
PROVING THINGS 156: MEDICAL EXPERTS, CAUSATION, CLINICAL NEGLIGENCE, ABSENT EVIDENCE

PROVING THINGS 156: MEDICAL EXPERTS, CAUSATION, CLINICAL NEGLIGENCE, ABSENT EVIDENCE

July 12, 2019 · by gexall · in Civil evidence, Clinical Negligence, Experts, Members Content

In ZZZ v Yeovil District Hospital NHS Foundation Trust [2019] EWHC 1642 (QB) Mr Justice Garnham found that there had been a breach of duty by the defendant hospital, but those breaches had no causal relevance.  The case is interesting for…

THE GENERAL DUTY ON LAWYERS TO INFORM THE COURT IF IT IS OBVIOUS THAT THE TIME ESTIMATE IS INCORRECT

THE GENERAL DUTY ON LAWYERS TO INFORM THE COURT IF IT IS OBVIOUS THAT THE TIME ESTIMATE IS INCORRECT

July 12, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Members Content

There is a judgment today on BAILLI in a family case. The case appears to be subject to reporting restrictions so I do not propose to link to it, or even name it, until these are clarified.  However what is…

CIVIL PROCEDURE BACK TO BASICS 54: SCHEDULES OF DAMAGES SHOULD NOT BE WORKS OF FICTION

CIVIL PROCEDURE BACK TO BASICS 54: SCHEDULES OF DAMAGES SHOULD NOT BE WORKS OF FICTION

July 12, 2019 · by gexall · in Avoiding negligence claims, Case Management, Civil evidence, Civil Procedure, Damages, Members Content, Schedules, Statements of Case

Anyone drafting anything in the litigation process must remain acutely aware that there is real possibility that the document they are drafting will one day be read by a judge.  This is even more likely in relation to a schedule…

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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...

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