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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » January » 19
PLEADINGS:  CLAIMANTS - TELL THE DEFENDANT THE CASE THAT IT IS GOING TO BE PUT AGAINST THEM

PLEADINGS: CLAIMANTS – TELL THE DEFENDANT THE CASE THAT IT IS GOING TO BE PUT AGAINST THEM

January 19, 2020 · by gexall · in Civil evidence, Civil Procedure, Members Content, Personal Injury, Statements of Case

There are some interesting observations as to how a claimant should plead their case in the judgment in Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB). “If, as in this case, the Claimant produces only at trial…

ARGUMENT THAT FIXED COSTS APPLIED GETS A BUMPY RIDE: PROTOCOL DOES NOT APPLY TO HIGHWAYS CASE

ARGUMENT THAT FIXED COSTS APPLIED GETS A BUMPY RIDE: PROTOCOL DOES NOT APPLY TO HIGHWAYS CASE

January 19, 2020 · by gexall · in Civil Procedure, Costs, Fixed Costs, Members Content

I am grateful to barrister James Bentley for drawing my attention to the judgment in Bateman v Devon County Council (HHJ Mitchell, Plymouth County Court, 2nd September 2019) in which it was decided that fixed costs did not apply to a…

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