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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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EXAGGERATING AND INFLATING CLINICAL NEGLIGENCE CLAIM LED TO CLAIMANT BEING SENTENCED TO SIX MONTHS IMPRISONMENT: "THERE IS NO ROBIN HOOD DEFENCE HERE"

EXAGGERATING AND INFLATING CLINICAL NEGLIGENCE CLAIM LED TO CLAIMANT BEING SENTENCED TO SIX MONTHS IMPRISONMENT: “THERE IS NO ROBIN HOOD DEFENCE HERE”

March 16, 2021 · by gexall · in Civil evidence, Civil Procedure, Clinical Negligence, Committal proceedings, Members Content

In Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 (QB) Mr Justice Griffiths sentenced a claimant to six months imprisonment following the exaggeration of a claim for damages. “She was, by her contempt of court, effectively stealing…

SOLICITORS AND ATTENDANCE  NOTES: JUDGES NEARLY ALWAYS PREFER THE CONTEMPORANEOUS NOTES

SOLICITORS AND ATTENDANCE NOTES: JUDGES NEARLY ALWAYS PREFER THE CONTEMPORANEOUS NOTES

March 16, 2021 · by gexall · in Civil evidence, Members Content, Witness statements

The judgment of HHK Keyser QC (sitting as a High Court judge) in Mundil-Williams v Williams & Ors [2021] EWHC 586 (Ch) serves as a reminder of the importance of contemporary attendance notes as a source of evidence. “the best…

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  • MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
  • A REMINDER - DOCUMENTS IN AN AGREED BUNDLE ARE ADMISSIBLE AT THE HEARING AS EVIDENCE OF THEIR CONTENTS.
  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
  • CIVIL EVIDENCE: "BARE ASSERTIONS" ARE INSUFFICIENT TO ESTABLISH A DISPUTED DEBT NOR WILL "VAGUE AND UNPARTICULARISED" EVIDENCE
  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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