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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » January » 18
PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES "INEFFECTIVE AND FREQUENTLY UNSUITABLE"

PROVING THINGS 203: EVIDENCE AND SCOTT SCHEDULES IN COERCIVE CONTROL CASES: SCOTT SCHEDULES “INEFFECTIVE AND FREQUENTLY UNSUITABLE”

January 18, 2021 · by gexall · in Civil evidence, Civil Procedure, Members Content

In  F v M [2021] EWFC 4 Mr Justice Hayden considered issues relating to fact finding in a case of “coercive control”.  Although the difficulties here are in the context of a family case, the issues will have some relevance…

ANOTHER WITNESS STATEMENT THAT STRAYED INTO INADMISSIBLE ARGUMENTS, PROTRACTED COMMENTARY AND EXPERT EVIDENCE

January 18, 2021 · by gexall · in Applications, Civil evidence, Members Content

There have been a number of recent cases regarding the appropriate drafting of witness statements, in particular attempts to put much inadmissible material into statements.  This can be seen in the judgment of HH Russen QC in Philipp v Barclays…

CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT -  AND THE LIMITATION PERIOD HAD EXPIRED: DON'T START BREAKING THE CROCKERY JUST YET

CLAIMANTS SUED THE WRONG (NON-EXISTENT) DEFENDANT – AND THE LIMITATION PERIOD HAD EXPIRED: DON’T START BREAKING THE CROCKERY JUST YET

January 18, 2021 · by gexall · in Amendment, Applications, Civil Procedure, Limitation, Members Content

In The 52 Occupiers of the Ceramic Works v Bowmer & Kirkland Ltd & Anor [2021] EWHC 17 (TCC) District Judge Baldwin considered an application to substitute a defendant after the primary limitation period had expired.  The judge, if anything,…

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