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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2022 » February » 24
A WITNESS GIVING EVIDENCE WHILST DRIVING A CAR: THEN FROM A CROWDED OFFICE AND THEN WITHOUT MOST OF THE DOCUMENTS AVAILABLE: THIS DOES NOT END WELL

A WITNESS GIVING EVIDENCE WHILST DRIVING A CAR: THEN FROM A CROWDED OFFICE AND THEN WITHOUT MOST OF THE DOCUMENTS AVAILABLE: THIS DOES NOT END WELL

February 24, 2022 · by gexall · in Civil evidence, Members Content, Remote hearings

There are passages in the judgment of Recorder Douglas Campbell QC in  ASR Interiors Ltd v AWS Trading Ltd & Anor [2022] EWHC 372 (IPEC) which demonstrate a remarkably “relaxed” attitude to giving evidence in court by one of the…

WITNESS STATEMENTS, CPR 32 AND ... SPIES: GOVERNMENT MUST GIVE SOURCE OF INFORMATION OR BELIEF

WITNESS STATEMENTS, CPR 32 AND … SPIES: GOVERNMENT MUST GIVE SOURCE OF INFORMATION OR BELIEF

February 24, 2022 · by gexall · in Civil evidence, Members Content, Witness statements

The judgment in  HM Attorney General for England And Wales v British Broadcasting Corporation (BBC) [2022] EWHC 380 (QB) relates to confidentiality and spies.  It also contains some important observations on the information needed, and formal requirements, when a witness…

CLAIMS FOR LOSS OF EARNINGS:  LEARNING FROM RECENT CASES: WEBINAR 7th MARCH 2022

CLAIMS FOR LOSS OF EARNINGS: LEARNING FROM RECENT CASES: WEBINAR 7th MARCH 2022

February 24, 2022 · by gexall · in Civil evidence, Damages, Members Content, Personal Injury, Webinar

The “Proving Things” series on this blog often looks at cases relating to loss of income.  Recent cases on this topic are explored in a webinar on the 7th March 2022: Claims for Loss of Earnings: Learning from Recent Cases,…

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Recent Posts

  • THE DEFENDANT SHOULD NOT PICK AND CHOOSE THE EVIDENCE IT PUTS BEFORE THE COURT: A WITNESS STATEMENT BREACHED THE DUTY OF CANDOUR OWED: WHAT YOU LEAVE OUT CAN SOMETIMES BE MORE IMPORTANT THAT WHAT YOU PUT IN…
  • NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)
  • “THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE”: EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
  • NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
  • WHAT WENT WRONG FOR LITIGATORS IN 2026 AND HOW DO YOU AVOID PROBLEMS IN 2027 ? WEBINAR ON THE 9th DECEMBER ADDRESSES THESE ISSUES [BUY YOURSELF (OR SOMEONE ELSE) AN EARLY CHRISTMAS PRESENT…]

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CLAIMANT'S CLAIM AGAINST INSURER FAILS: COURT OF APPEAL UPHOLD DECISION THAT THE INSURED'S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
"THIS IS NOT THE MANNER IN WHICH AN APPLICATION SHOULD BE MADE": EMAILS TO THE COURT CANNOT TAKE THE PLACE OF APPLICATIONS
NON-COMPLIANT CLAIMANTS ARE IN THE LAST CHANCE SALOON (AND THERE ARE 5,000 OF THEM): BUT PARTICULARS MUST BE SERVED AND ADVERSE COSTS STILL PAID
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NO FINDING OF FUNDAMENTAL DISHONESTY WHERE A CLAIMANT GAVE AN ACCOUNT DIFFERENT TO HER LETTER OF CLAIM: (CLINICAL NEGLIGENCE CASE)

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