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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2019 » October » 15
DENTON APPLIED TO OUT OF TIME APPLICATION IN COMMITTAL PROCEEDINGS: THE APPLICANT STAYS IN JAIL

DENTON APPLIED TO OUT OF TIME APPLICATION IN COMMITTAL PROCEEDINGS: THE APPLICANT STAYS IN JAIL

October 15, 2019 · by gexall · in Appeals, Applications, Committal proceedings, Extensions of time, Members Content, Relief from sanctions

In Lakatamia v SU [2019] EWCA Civ 1626 the Court of Appeal refused an application for permission to appeal out of time in a case where the applicant had been committed to prison for contempt.   “Hysaj establishes that the…

PROVING THINGS 165: CLAIMANT IN CLINICAL NEGLIGENCE CASE PROVES NEGLIGENCE BUT FAILS TO ESTABLISH CAUSATION

PROVING THINGS 165: CLAIMANT IN CLINICAL NEGLIGENCE CASE PROVES NEGLIGENCE BUT FAILS TO ESTABLISH CAUSATION

October 15, 2019 · by gexall · in Civil evidence, Clinical Negligence, Members Content

In Bell v Bedford Hospital NHS Trust [2019] EWHC 2704 (QB) the claimant established clinical negligence but failed to prove causation.   THE CASE The claimant suffered a major stroke that left her with significant permanent disabilities.  She claimed that…

THE "BAD SINGING" CASE GETS TWO ENCORES: JUDGE FAILED TO MAKE FINDINGS OF FACT ON KEY ISSUES

THE “BAD SINGING” CASE GETS TWO ENCORES: JUDGE FAILED TO MAKE FINDINGS OF FACT ON KEY ISSUES

October 15, 2019 · by gexall · in Appeals, Civil evidence, Members Content, Witness statements

I wrote about the first instance decision in Kogan v Martin & Ors [2019] EWCA Civ 1645 here.  The Court of Appeal have ordered a retrial in the case.   There are important observations about the role of the judge in…

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