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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2021 » October » 11
THE DENTON CRITERIA: LATE APPEALS, NEW EVIDENCE AND PERMISSION TO APPEAL: A PROPOSED APPELLANT IS NOT ENTITLED TO TWO BITES OF THE CHERRY

THE DENTON CRITERIA: LATE APPEALS, NEW EVIDENCE AND PERMISSION TO APPEAL: A PROPOSED APPELLANT IS NOT ENTITLED TO TWO BITES OF THE CHERRY

October 11, 2021 · by gexall · in Appeals, Extensions of time, Members Content, Relief from sanctions

The judgment of HHJ Karen Walden-Smith in Nagpal v Kumar [2021] EW Misc 17 (CC) illustrates the difficulties faced by a party that requires permission to appeal out of time and wishes to adduce new evidence at the proposed appeal….

DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES: WEBINAR 14th OCTOBER 2021

DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES: WEBINAR 14th OCTOBER 2021

October 11, 2021 · by gexall · in Civil evidence, Members Content, Webinar, Witness statements

As part of a series of webinars on Civil Evidence I am presenting a webinar on witness statements on the 14th October 2021. Looking at rules and guidance relating to witness evidence and the importance of complying with them. Booking…

GRIFFITHS -V- TUI IN THE COURT OF APPEAL 3: THE CLAIMANT DID NOT HAVE A FAIR TRIAL: THE COURTS SHOULD NOT ALLOW LITIGATION BY AMBUSH: THE DISSENTING JUDGMENT

October 11, 2021 · by gexall · in Appeals, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content

NB THE DECISION IN THIS CASE WAS OVERTURNED BY THE SUPREME COURT. THE SUPREME COURT ESSENTIALLY AGREEING WITH THE DISSENTING JUDGMENT OF BEAN LJ CONSIDERED IN THIS POST. THE SUPREME COURT DECISION IS DISCUSSED HERE. This is the third post…

GRIFFITHS -v- TUI IN THE COURT OF APPEAL 2: THE OTHER GROUNDS OF APPEAL: AN EXPERT'S REPORT WITHOUT REASONING IS "ALL BUT WORTHLESS"

GRIFFITHS -v- TUI IN THE COURT OF APPEAL 2: THE OTHER GROUNDS OF APPEAL: AN EXPERT’S REPORT WITHOUT REASONING IS “ALL BUT WORTHLESS”

October 11, 2021 · by gexall · in Appeals, Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

NB THE COURT OF APPEAL DECISION WAS SUBSEQUENTLY OVERTURNED BY THE SUPREME COURT – SEE THE DECISION HERE. This is the second post about the Court of Appeal decision in   Griffiths v Tui (UK) Ltd [2021] EWCA Civ 1442.  Here we…

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