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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM AN ADMISSION: COURT OF APPEAL UPHOLDS DECISION OF HIGH COURT JUDGE

DEFENDANT REFUSED PERMISSION TO WITHDRAW FROM AN ADMISSION: COURT OF APPEAL UPHOLDS DECISION OF HIGH COURT JUDGE

July 20, 2021 · by gexall · in Admissions, Appeals, Applications, Civil Procedure

In J v A South Wales Local Authority [2021] EWCA Civ 1102 the Court of Appeal upheld an earlier decision refusing a defendant permission to resile from an admission. “There is no doubt that the checklist at paragraph 7.2 is…

COURT SETS ASIDE CONTENTIOUS BUSINESS AGREEMENT: CONTENTS WERE UNFAIR AND UNREASONABLE

COURT SETS ASIDE CONTENTIOUS BUSINESS AGREEMENT: CONTENTS WERE UNFAIR AND UNREASONABLE

July 20, 2021 · by gexall · in Costs

In Tripipatkul v WH Lawrence Ltd (t/a WH Lawrence Solicitors) [2021] EWHC B13 (Costs) Costs Judge Brown set aside a contentious business agreement between a solicitor and their former client. “The decision in ex parte Cathcart requires the court to…

WITNESS STATEMENTS AND HILLSBOROUGH: AN ACADEMIC ANALYSIS OF HOW THE EVIDENCE WAS GATHERED

WITNESS STATEMENTS AND HILLSBOROUGH: AN ACADEMIC ANALYSIS OF HOW THE EVIDENCE WAS GATHERED

July 20, 2021 · by gexall · in Civil evidence, Witness statements

I have written several times about the major difficulties caused by the process of taking witness statements following the Hillsborough disaster.  The process of taking statements is analysed by an academic in Hillsborough disaster: a revealing analysis of the language…

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