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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » February » 09
NEW RULES COMING INTO FORCE ON THE 6th APRIL 2022 (5): THE "PERSON" WHO MAY NOT BE NAMED...

NEW RULES COMING INTO FORCE ON THE 6th APRIL 2022 (5): THE “PERSON” WHO MAY NOT BE NAMED…

February 9, 2022 · by gexall · in Civil evidence, Members Content, Rule Changes

 A minor  amendment  is being made to CPR Part 39. The amendment enables any person not to be named if the court thinks this necessary. The rule is no longer confined to a party or witness. Amendment of Part 39…

WHEN DOES A LITIGANT HAVE CAPACITY? AVOIDING CIRCULAR ARGUMENTS: THE NEED FOR LEGAL ADVICE IS NOT A DETERMINING FACTOR

WHEN DOES A LITIGANT HAVE CAPACITY? AVOIDING CIRCULAR ARGUMENTS: THE NEED FOR LEGAL ADVICE IS NOT A DETERMINING FACTOR

February 9, 2022 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

There is an interesting discussion of capacity to litigate in the judgment of Mr Justice Mostyn in Richardson-Ruhan v Ruhan & Ors [2021] EWFC 6. It is also worth remarking on the judge’s comments on how the expert’s evidence in…

NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (4): CHANGES TO STATEMENT OF VALUE ON THE CLAIM FORM IN PERSONAL INJURY CASES

NEW RULES COMING INTO FORCE ON THE 6TH APRIL 2022 (4): CHANGES TO STATEMENT OF VALUE ON THE CLAIM FORM IN PERSONAL INJURY CASES

February 9, 2022 · by gexall · in Civil Procedure, Members Content, Rule Changes

The new rules reflect the fact that the small claims limit for personal injury damages now requires a figure of £1,500 for pain and suffering, there are specific provisions in relation to road traffic accidents. The rules change the statement…

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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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