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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » August » 06
WHEN A SOLICITOR MAKES A WITNESS STATEMENT: STATE THE SOURCE OF INFORMATION AND DON'T GIVE "OPINION" EVIDENCE (IT REALLY DOESN'T GO DOWN WELL)

WHEN A SOLICITOR MAKES A WITNESS STATEMENT: STATE THE SOURCE OF INFORMATION AND DON’T GIVE “OPINION” EVIDENCE (IT REALLY DOESN’T GO DOWN WELL)

August 6, 2019 · by gexall · in Applications, Civil evidence, Members Content, Witness statements

There are numerous examples on this blog of the difficulties that can occur when a solicitor makes a witness statement on behalf of their clients. The dangers are exemplified in the judgment of Master Marsh in Folgender Holdings Ltd &…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)

August 6, 2019 · by gexall · in Avoiding negligence claims, Civil Procedure, Insolvency, Members Content

Many litigants don’t tell their lawyers that they are bankrupt. Some firms ask as a matter of course, many do not. Some litigators do not appreciate the impact of personal bankruptcy on a litigant. A CASE TO POINT:  A TRIAL,…

AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: ACCIDENTS ABROAD ARE SUBJECT TO DIFFERENT LIMITATION PERIODS

August 6, 2019 · by gexall · in Avoiding negligence claims, Limitation, Members Content

In the sixth in this series we look at accidents abroad.  In most cases the limitation period of the country where the accident occurred is the limitation period that applies.  A lack of knowledge of this basic point, and of…

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