WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

WHEN JUDGE READS A DRAFT STATEMENT AND A FINAL STATEMENT (& THERE ARE SOME IMPORTANT DIFFERENCES): LITIGANT REFUSED PERMISSION TO RELY ON EVIDENCE THAT COULD HAVE BEEN BEFORE THE COURT AT THE ORIGINAL HEARING

March 12, 2021 · by · in Abuse of Process, Applications, Members Content, Striking out, Witness statements

The judgment of Mr Justice Francis in Brack v Brack [2020] EWHC 2142 (Fam) is an example of a case where the judge has the opportunity to see a draft statement and a final statement.  The judge struck out an…

THE FOREIGN LIMITATION PERIOD: ENVIRONMENTAL DAMAGE, PUBLIC POLICY - AND A BASIC ERROR ABOUT THE DATE: CLAIMANT HAS TO FALL BACK ON "UNDUE HARDSHIP" ARGUMENT

THE FOREIGN LIMITATION PERIOD: ENVIRONMENTAL DAMAGE, PUBLIC POLICY – AND A BASIC ERROR ABOUT THE DATE: CLAIMANT HAS TO FALL BACK ON “UNDUE HARDSHIP” ARGUMENT

March 12, 2021 · by · in Appeals, Applications, Avoiding negligence claims, Limitation, Members Content

The Court of Appeal decision in Begum v Maran (UK) Ltd [2021] EWCA Civ 326 contains some interesting observations on the law of tort and duty of care.  However the claimant in this case faces another fundamental challenge.  There is…