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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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DEFENDANT'S EXPERTS, STRIDENT LANGUAGE AND THE PART 35 DUTY OWED TO THE COURT: JUDGE ISSUES REMINDER

DEFENDANT’S EXPERTS, STRIDENT LANGUAGE AND THE PART 35 DUTY OWED TO THE COURT: JUDGE ISSUES REMINDER

January 20, 2022 · by gexall · in Civil evidence, Credibility of experts, Experts, Members Content

The previous post looked at the rejection of allegations of fundamental dishonesty in  Palmer v Mantas & Anor [2022] EWHC 90 (QB). That judgment also contains some observations in relation to several of the medical experts called on behalf of the…

A CLAIMANT IS NOT FUNDAMENTALLY DISHONEST WHEN THEY DON'T PROVIDE INFORMATION THAT IS NOT ASKED FOR:  JUDGMENT FOR £1,679,406 IN A PERSONAL INJURY CASE

A CLAIMANT IS NOT FUNDAMENTALLY DISHONEST WHEN THEY DON’T PROVIDE INFORMATION THAT IS NOT ASKED FOR: JUDGMENT FOR £1,679,406 IN A PERSONAL INJURY CASE

January 20, 2022 · by gexall · in Damages, Fundamental Dishonesty, Members Content, Personal Injury

In  Palmer v Mantas & Anor [2022] EWHC 90 (QB) Anthony Metzer QC (sitting as a Deputy High Court Judge) rejected an argument that a claimant had been fundamentally dishonest.  Judgment was entered for £1,679.406 instead of a finding of…

PROVING THINGS 222: SPENDING £200,000  IN COSTS OVER 9 INCHES OF LAND: BEYOND THE JUDGE'S COMPREHENSION AS TO HOW THIS GOT SO EXPENSIVE

PROVING THINGS 222: SPENDING £200,000 IN COSTS OVER 9 INCHES OF LAND: BEYOND THE JUDGE’S COMPREHENSION AS TO HOW THIS GOT SO EXPENSIVE

January 20, 2022 · by gexall · in Civil evidence, Costs, Costs budgeting, Members Content

In Davis & Anor v Winner [2021] EW Misc 23 (CC) the parties between them appear to have spent over £200,000 in costs. This is a dispute over inches of land.  It is not surprising that HHJ Mithani QC expressed…

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