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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » January » 13

“HIS WITNESS STATEMENT … CONTAINED A GREAT DEAL OF ANALYSIS, SUBMISSION AND COMMENTARY ON DOCUMENTS”

January 13, 2021 · by gexall · in Civil evidence, Members Content, Webinar, Witness statements

Because of the imminent changes in the rules in the Business and Property courts it is an opportune time to see how often the basic principles of witness evidence are not being observed. We see this in the judgment in YJB…

PROVING THINGS 199: "THE BITTER TRUTH": INNOCENT PARTIES MAY SUFFER NO LOSSES - AND RECEIVE NO DAMAGES

PROVING THINGS 199: “THE BITTER TRUTH”: INNOCENT PARTIES MAY SUFFER NO LOSSES – AND RECEIVE NO DAMAGES

January 13, 2021 · by gexall · in Civil evidence, Damages, Members Content

The judgment of Mr Stephen  Houseman QC sitting as a Deputy High Court judge in YJB Port Ltd v M&A Pharmachem Ltd & Anor [2021] EWHC 42 (Ch) is another example of a party failing to prove it had suffered…

PROVING THINGS 198: "NOT RELIABLE EVIDENCE": THOSE EMAILS MAY NOT BE ALL THEY SEEM

PROVING THINGS 198: “NOT RELIABLE EVIDENCE”: THOSE EMAILS MAY NOT BE ALL THEY SEEM

January 13, 2021 · by gexall · in Civil evidence, Disclosure, Members Content

In  Richards v Harvey [2021] EWHC 21 (Ch) HHJ Cooke, doubted the authenticity of emails relied upon by the claimant. It is a reminder of the importance of a notice to prove.   “This document is not reliable evidence of…

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