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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » June » 22
WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS

WHEN MISCONDUCT ON ASSESSMENT LEADS TO NO AWARD OF COSTS

June 22, 2020 · by gexall · in Assessment of Costs, Conduct, Costs, Members Content

It is illuminating to read two reports of the case of Farmer -v- the Chief Constable of Lancashire, where a party’s conduct on assessment led to no award of costs being made. Indeed the claimant was ordered to pay the…

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO "SHOOTS FROM THE HIP" (IT DOESN'T END WELL)

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO “SHOOTS FROM THE HIP” (IT DOESN’T END WELL)

June 22, 2020 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Members Content

I have written many times about issues arising from expert witnesses.  In clinical negligence cases the role of the expert witness is often paramount.  The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…

CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL...

CLINICAL NEGLIGENCE TRIAL HELD REMOTELY: AND IT WORKED WELL…

June 22, 2020 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Coronavirus, Members Content, Remote hearings

I have highlighted some cases where remote hearings have had difficulties. In Jones v Ministry of Defence [2020] EWHC 1603 (QB) the judgment indicates that the remote hearing in a clinical negligence case worked well. THE CASE The case was…

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Recent Posts

  • EXPERT WATCH 75: A CASE REPLETE WITH EXPERT ISSUES: A FAILURE TO PREPARE A JOINT REPORT PLUS THE CLAIMANT CREATES DIFFICULTIES FOR ITSELF WHEN IT DOES NOT ASK ITS EXPERT TO REPORT ON POSSIBLE ALTERNATIVE OUTCOMES
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  • THROWBACK FRIDAY: “PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT” (OCTOBER 2015)
  • EXPERT WATCH 74: “HE EFFECTIVELY ASSUMED AN IMPERMISSIBLE ROLE PROMOTING A PROSECUTION CASE”: EXPERT AND PROSECUTORIAL MISCONDUCT LEAD TO CONVICTIONS BEING QUASHED
  • COST BITES 459 : A DEFENDANT TO COMMITTAL PROCEEDINGS CAN RECOVER COSTS OVER AND ABOVE CRIMINAL LEGAL AID RATES: COURT OF APPEAL DECISION

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