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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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EXPERT WHO WALKED "ON THE PAVEMENT HAND IN HAND" WITH THE CLIENT: EXPERT WITH ALL THE HALLMARKS OF THE MENTALITY OF AN ADVOCATE

EXPERT WHO WALKED “ON THE PAVEMENT HAND IN HAND” WITH THE CLIENT: EXPERT WITH ALL THE HALLMARKS OF THE MENTALITY OF AN ADVOCATE

June 14, 2022 · by gexall · in Civil evidence, Expert evidence, Uncategorized

We have already looked at the judgment of Mr Justice Mostyn in Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 in relation to costs.  There are some telling observations in that judgment in relation to the role of the expert…

INTERIM PAYMENTS AND THE LEVEL PLAYING FIELD: CLAIMANT OBTAINS PAYMENT DESPITE DEFENDANT'S CONCERNS

INTERIM PAYMENTS AND THE LEVEL PLAYING FIELD: CLAIMANT OBTAINS PAYMENT DESPITE DEFENDANT’S CONCERNS

June 14, 2022 · by gexall · in Applications, Interim Payments, Personal Injury

In Salwin v Shahed [2022] EWHC 1440 (QB) HHJ Pearce considered the appropriate sum to be paid to the claimant by way of interim payment. This case shows a very careful consideration of the “Eeles” criteria and the factors the…

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  • A CLIENT DOES NOT OWE A “DUTY OF GOOD FAITH” TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
  • A SECOND APPEAL IN COMMITTAL PROCEEDINGS WAS AN ABUSE OF PROCESS, AND DISMISSED FOR THAT REASON
  • PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: “PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY”
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Top Posts & Pages

  • FAILURE TO COMPLY WITH PROTOCOL LEADS TO COSTS OF A MEDICAL REPORT NOT BEING RECOVERED
  • A CLIENT DOES NOT OWE A "DUTY OF GOOD FAITH" TO A SOLICITOR ACTING UNDER A CONDITIONAL FEE AGREEMENT
  • THE USE OF A SECOND REPORT IN THE LOW VALUE ROAD TRAFFIC PROTOCOL: FAILURE TO DISCLOSE FIRST REPORT TO THE DEFENDANT DID NOT LEAD TO MEDICAL EVIDENCE BEING EXCLUDED
  • PART 36 & COSTS: DEFENDANT COULD NOT SHOW INJUSTICE WHEN IT ACCEPTED A PART 36 OFFER OUT OF TIME: "PART 36 IS INTENDED TO BE A TWO-WAY STRAIGHT AND NARROW HIGHWAY"
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