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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CIVIL EVIDENCE: MISSING WITNESSES, HAMLET: "THE REST IS SILENCE...": OH, AND IT IS THE JUDGE THAT IS ON TRIAL

CIVIL EVIDENCE: MISSING WITNESSES, HAMLET: “THE REST IS SILENCE…”: OH, AND IT IS THE JUDGE THAT IS ON TRIAL

August 30, 2021 · by gexall · in Civil evidence, Members Content

The judgment of HHJ Hodge (sitting as a High Court judge) in Ahuja Investments Ltd v Victorygame Ltd & Anor (CONTRACT – Purchase of commercial investment property) [2021] EWHC 2382 (Ch) is one of interest to anyone involved in litigation…

FATAL ACCIDENT DAMAGES: COURT OF APPEAL UPHOLDS WIDOW'S CLAIM TO DAMAGES BASED ON "PRACTICAL REALITY"

FATAL ACCIDENT DAMAGES: COURT OF APPEAL UPHOLDS WIDOW’S CLAIM TO DAMAGES BASED ON “PRACTICAL REALITY”

August 30, 2021 · by gexall · in Appeals, Damages, Fatal Accidents, Members Content

In Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 the Court of Appeal rejected a defendant’s appeal in relation to the assessment of damages awarded to a widow. The widow’s husband had run a successful business.  The fact that…

THE COSTS OF REPAIRS AND THE COSTS OF THE ACTION: HOW SHOULD THE VALUE OF REPAIRS BE ASSESSED FOR THE PURPOSE OF ALLOCATION

THE COSTS OF REPAIRS AND THE COSTS OF THE ACTION: HOW SHOULD THE VALUE OF REPAIRS BE ASSESSED FOR THE PURPOSE OF ALLOCATION

August 30, 2021 · by gexall · in Civil Procedure, Costs, Members Content

NB IN Mary-Ann Stojalowski v Bristol City Council [2024] EWCC 30 HHJ Blohm KC held that this case was “wrongly decided”, see the discussion here. I am grateful to Alex Bagnall from Total Legal Solutions for sending me a copy…

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