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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » June » 05
DEFECTIVE WITNESS STATEMENTS CONSIDERED: THE MAKER OF THE STATEMENT MUST GIVE THE SOURCE OF INFORMATION AND BELIEF

DEFECTIVE WITNESS STATEMENTS CONSIDERED: THE MAKER OF THE STATEMENT MUST GIVE THE SOURCE OF INFORMATION AND BELIEF

June 5, 2023 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

The judgment in MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) records it was before “Master Marsh (sitting in retirement).  However the Master has lost none of his pre-retirement keenness for ensuring that parties filing witness statements…

THREE WEBINARS ON KEY ISSUES IN FATAL ACCIDENT LITIGATION

June 5, 2023 · by gexall · in Fatal Accidents, Members Content, Webinar

I am presenting three webinars on fatal accident litigation for later this year.  These deal with recent developments in fatal accident litigation; children and fatal cases and the difficult issue of damages in anticipation of death and claims for losses…

COST BITES 89: A SUPREME COURT ORDER FOR COSTS CONSTRUED: COSTS WERE (ESSENTIALLY) RESTRICTED TO PAYMENT OF ONE PARTY, TWO SILKS AND ONE JUNIOR

COST BITES 89: A SUPREME COURT ORDER FOR COSTS CONSTRUED: COSTS WERE (ESSENTIALLY) RESTRICTED TO PAYMENT OF ONE PARTY, TWO SILKS AND ONE JUNIOR

June 5, 2023 · by gexall · in Appeals, Assessment of Costs, Costs, Members Content

I am grateful to  Nicholas Lee Paragon of Costs Solutions for sending me details of the decision in Micula and others v Romania [2023] UKSC 2018/0177 (23 May 2023) where Costs Judge Leonard and Costs Officer Sewell considered the specific…

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Recent Posts

  • BACK TO BASICS MONDAY: SOME KEY POINTS ABOUT WITNESS SUMMARIES
  • EXPERT WATCH 80: WHEN EXPERTS ARE ON THE METER: ONE EXPERT WAS NOT ALWAYS INDEPENDENT, THE OTHER DID NOT APPRECIATE HIS DUTY TO THE COURT
  • PERMISSION TO RELY ON A WITNESS SUMMARY: DOES THE APPLICANT NEED TO SHOW THE WITNESS HAS REFUSED TO GIVE A STATEMENT? RELIEF FROM SANCTIONS (OH, AND THAT WITNESS FORMERLY KNOWN AS “PRINCE”)
  • COST BITES 448: PART 36 AND FIXED COSTS: “VERY LATE” ACCEPTANCE OF A DEFENDANT’S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
  • COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)

Top Posts

COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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