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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » May » 28
COVID REPEATS 36:  DEFENDANT'S EXPERT TOLD TO GET ON HIS BIKE: WHEN A PARTY "WISELY" PLACES NO RELIANCE ON THEIR OWN EXPERT IN CLOSING SUBMISSIONS

COVID REPEATS 36: DEFENDANT’S EXPERT TOLD TO GET ON HIS BIKE: WHEN A PARTY “WISELY” PLACES NO RELIANCE ON THEIR OWN EXPERT IN CLOSING SUBMISSIONS

May 28, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

Today we are looking again at the judgment of Mrs Justice Cox in Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB).  Some important observations about the role of the expert and the conduct of the expert instructed by the defendant…

THE (NOT SO) LONELY LITIGATOR'S CLUB 26: GABOR COVAKS: THE MANDOLIN PLAYING SOLICITOR'S TALE

THE (NOT SO) LONELY LITIGATOR’S CLUB 26: GABOR COVAKS: THE MANDOLIN PLAYING SOLICITOR’S TALE

May 28, 2020 · by gexall · in Coronavirus, Members Content, Well being

The Club may be unique in legal history  because, in addition to promoting knowledge and skills about litigation, the constitution also has the aims of promoting laywers playing and listening to mandolin music.  That is just one of the reasons…

WITNESS STATEMENTS FULL OF VITRIOL - THIS IS NEVER GOING TO END WELL...

WITNESS STATEMENTS FULL OF VITRIOL – THIS IS NEVER GOING TO END WELL…

May 28, 2020 · by gexall · in Civil evidence, Members Content, Witness statements

The “Covid Repeats” series next week will revisit some of those (many) cases where judges have found witness statements to be inadequate.  The inclusion of unnecessary matters in witness statements is a continuing issue. It can be seen in the…

COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY

COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY

May 28, 2020 · by gexall · in Appeals, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

Problems with experts are very similar across all jurisdictions.   The case of Pabon, R v [2018] EWCA Crim 420 is an illuminating one. A decision of the Court of Appeal Criminal Division it shows the dangers when an expert does not comply…

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  • SUSPECTED HALLUCINATED QUOTATIONS IN A HIGH PROFILE JUDGMENT: IF THIS IS CORRECT THEN A LINE HAS BEEN CROSSED...
  • COST BITES 317: ANOTHER ROUND IN THE MEDICAL AGENCY FEES/BREAKDOWN BATTLE: THE AGENCY MUST PROVIDE A BREAKDOWN
  • CIVIL PROCEDURE BACK TO BASICS 107: THE IMPORTANCE OF PROVIDING A DRAFT ORDER WITH AN APPLICATION
  • COURT REFUSES CLAIMANTS' APPLICATION THAT WITNESS BE ANONYMOUS

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