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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » March » 23

THE COSTS JUDGE OVER YOUR SHOULDER – MAXIMISING RECOVERY ON ASSESSMENT: WEBINAR 6th APRIL 2023

March 23, 2023 · by gexall · in Assessment of Costs, Costs, Members Content, Webinar

I am presenting a webinar on the 6th April 2023 – The Costs Judge Over Your Shoulder 2023 – Maximising recovery. Booking details are available here.   THE WEBINAR “Here the reduction was very large and the reason for the reduction was…

WITNESS CREDIBILITY, MEMORY AND ACCURACY: REVISITING GESTMIN

WITNESS CREDIBILITY, MEMORY AND ACCURACY: REVISITING GESTMIN

March 23, 2023 · by gexall · in Civil evidence, Members Content, Witness statements

This is another opportune time to re-visit the principles in Gestmin SGPS S.A. -v- Credit Suisse [2013] EWCA 3560 (Comm).  This is case that is now mentioned regularly in cases involving witness recollection and dispute of facts.   WHY LOOK AT GESTMIN?…

THE SERVICE OF WITNESS STATEMENTS LATE: CLAIMANT REFUSED RELIEF FROM SANCTIONS: DEFENDANT GRANTED RELIEF FROM SANCTIONS: EQUALITY IS NOT ALWAYS EQUITY

THE SERVICE OF WITNESS STATEMENTS LATE: CLAIMANT REFUSED RELIEF FROM SANCTIONS: DEFENDANT GRANTED RELIEF FROM SANCTIONS: EQUALITY IS NOT ALWAYS EQUITY

March 23, 2023 · by gexall · in Applications, Case Management, Civil evidence, Members Content, Relief from sanctions, Witness statements

It is quite possible that both parties in an action could be in default.  One party could be granted relief from sanctions for that default and the other refused. This is precisely what happened in Shill Properties Ltd v Bunch…

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