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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 4: AVIATION, PLANES, AIRPORTS AND BALLOONS: VICIOUS RULES APPLY

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 4: AVIATION, PLANES, AIRPORTS AND BALLOONS: VICIOUS RULES APPLY

July 30, 2019 · by gexall · in Avoiding negligence claims, Limitation, Personal Injury

This is the fourth in the series. The purpose of this post is to make you feel really uncomfortable when you are involved with a case that involves aviation and personal injury, in any way shape or form. Including when…

THE GESTMIN PRINCIPLES IN A CLINICAL NEGLIGENCE CASE: JUDGE DOUBTS WHETHER THEY CAN BE DIRECTLY APPLIED IN OTHER CONTEXTS

THE GESTMIN PRINCIPLES IN A CLINICAL NEGLIGENCE CASE: JUDGE DOUBTS WHETHER THEY CAN BE DIRECTLY APPLIED IN OTHER CONTEXTS

July 30, 2019 · by gexall · in Civil evidence, Clinical Negligence, Witness statements

This blog has looked, many times, at the judicial assessment of evidence, particularly witness evidence.  Often this is done by reference to the “Gestmin” criteria. In CXB -v-North West Anglia NHS Foundation Trust, [2019] EWHC 2053 (QB) HH Judge Gore…

AGREEMENTS TO EXTEND TIME : THEY CAN BE A GOOD THING - BUT MUST BE DONE PROPERLY

AGREEMENTS TO EXTEND TIME : THEY CAN BE A GOOD THING – BUT MUST BE DONE PROPERLY

July 30, 2019 · by gexall · in Appeals, Applications, Extensions of time

In Cowan v Foreman & Ors [2019] EWCA Civ 1336 the Court of Appeal were far more supportive of the idea that parties in Inheritance Act claims could agree a “limitation amnesty”.  However an agreement has to be drafted with…

FIXED COSTS: APPLY TO DEFENDANTS AS WELL: SAUCE FOR THE GOOSE AND THE GANDER

FIXED COSTS: APPLY TO DEFENDANTS AS WELL: SAUCE FOR THE GOOSE AND THE GANDER

July 30, 2019 · by gexall · in Appeals, Costs, Fixed Costs

I am grateful to John McQuater for sending me a copy of consent order made in the Court of Appeal.   The Court allowed an appeal, by consent, that the defendant to certain applications was only allowed fixed costs in an…

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