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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2020 » October » 12
SWIFT -v- CARPENTER:  USEFUL LINKS AND GUIDANCE ON THE CASE AND HOW THE DECISION IS LIKELY TO WORK OUT IN PRACTICE

SWIFT -v- CARPENTER: USEFUL LINKS AND GUIDANCE ON THE CASE AND HOW THE DECISION IS LIKELY TO WORK OUT IN PRACTICE

October 12, 2020 · by gexall · in Damages, Members Content, Personal Injury, Useful links

Following on from the previous posts about this case here is a set of useful links to commentary about the Carpenter decision.    The Association of Personal Injury Lawyers is also presenting a webinar on this issue on the 22nd…

IF YOU FIGHT AN "ALL OR NOTHING CASE" THEN YOU CAN'T COMPLAIN IF YOU GET NOTHING

IF YOU FIGHT AN “ALL OR NOTHING CASE” THEN YOU CAN’T COMPLAIN IF YOU GET NOTHING

October 12, 2020 · by gexall · in Appeals, Members Content, Statements of Case

In  Amin v Amin & Ors [2020] EWHC 2675 (Ch)  Mr Justice Nugee made an important observation about the way in which parties present their case.  It may benefit some litigants to put their case on an alternative basis. THE…

THE CARPENTER DECISION: THE BASIC PRINCIPLES: FAIR DAMAGES "NOT A PENNY MORE BUT NOT A PENNY LESS"

THE CARPENTER DECISION: THE BASIC PRINCIPLES: FAIR DAMAGES “NOT A PENNY MORE BUT NOT A PENNY LESS”

October 12, 2020 · by gexall · in Appeals, Damages, Members Content, Personal Injury

I have written before about how judges regularly go back to the basic principles of damages when faced with challenging issues in relation to personal injury damages.  To a large extent this happened in the Court of Appeal decision in Swift…

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