CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019
Here we have links to blogs and articles about civil procedure and costs from November 2019. COSTS Costs Barrister Blaming others Costs Barrister The undiscovered country Herbert Smith Freehills Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs…
WHEN SHOULD A JUDGE DRAW ADVERSE INFERENCES DUE TO ABSENT EVIDENCE? COURT OF APPEAL DECISION TODAY
The judgment of the Court of Appeal today in Mackenzie v Alcoa Manufacturing (Gb) Ltd [2019] EWCA Civ 2110 makes some important points in relation to civil evidence. It reviews the law relating to the drawing of adverse inferences due…
CIVIL PROCEDURE BACK TO BASICS 72: THE EXPERT’S DUTY TO LOOK AT BOTH SIDES OF THE ISSUE AND GIVE REASONS FOR THEIR VIEWS (A MANDATORY OBLIGATION MORE HONOURED IN THE BREACH…)
The recent post on the decision in Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) highlights a common omission from many expert reports. The expert’s duty to consider whether there is a range of opinion and to give…
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