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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » August » 14
PROVING THINGS 180:  ACCEPTING A LIFT WITH A DRUNKEN DRIVER, WHILST DRUNK: DEFENDANT FAILS TO ESTABLISH THAT FAILING TO WEAR A SEAT BELT MADE A DIFFERENCE

PROVING THINGS 180: ACCEPTING A LIFT WITH A DRUNKEN DRIVER, WHILST DRUNK: DEFENDANT FAILS TO ESTABLISH THAT FAILING TO WEAR A SEAT BELT MADE A DIFFERENCE

August 14, 2020 · by gexall · in Civil evidence, Damages, Members Content, Personal Injury

The judgment today of HHJ Robinson (sitting as a judge of the High Court) in Campbell v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) makes interesting reading. 1. A claimant cannot properly argue that he was too drunk himself…

PROVING THINGS 179: SECRETARY OF STATE’S “SUPERFICIAL INVESTIGATION” FAILS TO PROVE THAT DEFENDANT WAS A DE FACTO DIRECTOR

August 14, 2020 · by gexall · in Civil evidence, Members Content

In the judgment given today in Secretary of State for Business, Energy And Industrial Strategy v Rahman [2020] EWHC 2213 (Ch) HHJ Paul Matthews found that the Secretary of State had failed to prove that the defendant had ever been…

SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A  WASTED COSTS ORDER BEING MADE

SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A WASTED COSTS ORDER BEING MADE

August 14, 2020 · by gexall · in Applications, Avoiding negligence claims, Costs, Members Content, Service of the claim form, Wasted Costs

The judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) provides an object lesson on the dangers of not serving the claim form well within the four month period.  The judgment…

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