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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022

DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022

June 15, 2022 · by gexall · in Damages, Fatal Accidents, Members Content, Webinar

This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here.   TOPICS TO BE COVERED What is the…

SUMMARY ASSESSMENT OF COSTS: HOURLY RATE TOO HIGH AND LAWYERS SHOULD LEARN TO DELEGATE

SUMMARY ASSESSMENT OF COSTS: HOURLY RATE TOO HIGH AND LAWYERS SHOULD LEARN TO DELEGATE

June 15, 2022 · by gexall · in Assessment of Costs, Costs, Members Content, Summary assessment,, Uncategorized

In Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) HHJ Paul Matthews (sitting as a Judge of the High Court) considered the costs to be paid to a successful respondent.  The judge did not allow the…

"IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION" (ANOTHER CASE ON EXPERTS...)

“IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION” (ANOTHER CASE ON EXPERTS…)

June 15, 2022 · by gexall · in Expert evidence, Experts, Members Content

We have another example of expert witnesses being criticised by the court in the judgment of HHJ Claire Jackson in Davies-Gilbert v Goacher [2022] EWHC 969 (Ch).   “it is not for an expert to disregard the instructions they have…

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  • EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
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Top Posts

EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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