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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » March » 08
APPEAL ALLOWED WHERE THE TRIAL JUDGE DEPARTED FROM THE PLEADED CASE: "A MISUNDERSTANDING OF THE JUDGE'S FUNCTION)

APPEAL ALLOWED WHERE THE TRIAL JUDGE DEPARTED FROM THE PLEADED CASE: “A MISUNDERSTANDING OF THE JUDGE’S FUNCTION)

March 8, 2021 · by gexall · in Appeals, Members Content, Statements of Case

The judgment of the Court of Appeal today in Satyam Enterprises Ltd v Burton & Anor [2021] EWCA Civ 287 provides another example of the importance of statements of case. The Court allowed an appeal where the trial judge had…

PROVING THINGS 206: THE EMPLOYERS LIABILITY (DEFECTIVE EQUIPMENT) ACT 1969 IN ACTION

PROVING THINGS 206: THE EMPLOYERS LIABILITY (DEFECTIVE EQUIPMENT) ACT 1969 IN ACTION

March 8, 2021 · by gexall · in Civil evidence, Members Content, Personal Injury

I am grateful to  Martin McKenna from Aegis solicitors  for sending me a copy of the judgment of DDJ Morgan MBE in Johnson -v- National Platforms Ltd (a copy of which is available here Johnson v Nationwide Platforms Limited (Final))….

WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 6TH APRIL 2021: THE DECLARATION THAT THE CLIENT HAS TO SIGN - AND WHY IT POINTS STRAIGHT BACK AT YOU

WITNESS STATEMENTS IN THE BUSINESS AND PROPERTY COURTS AFTER THE 6TH APRIL 2021: THE DECLARATION THAT THE CLIENT HAS TO SIGN – AND WHY IT POINTS STRAIGHT BACK AT YOU

March 8, 2021 · by gexall · in Civil Procedure, Members Content, Webinar, Witness statements

In addition to the new requirement for the solicitor to sign a declaration that the witness statement complies with the rules the witness themselves has to sign a declaration.  The witness declaration, however, does not get the lawyer off the…

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