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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » June » 26
PROVING THINGS 228: INADEQUATE DISCLOSURE AND WITNESS STATEMENTS "IN ALMOST IDENTICAL FORMAT" FAIL TO BRING HOME THE DOUGH

PROVING THINGS 228: INADEQUATE DISCLOSURE AND WITNESS STATEMENTS “IN ALMOST IDENTICAL FORMAT” FAIL TO BRING HOME THE DOUGH

June 26, 2023 · by gexall · in Civil evidence, Disclosure, Members Content, Witness statements

The judgment of Lionel Persey KC (sitting as a Judge of the High Court) in Finsbury Food Group Plc v Axis Corporate Capital UK Ltd [2023] EWHC 1559 (Comm) shows some significant issues in relation to the evidence presented in…

CLAIMANTS COME TO GRIEF OVER SERVICE OF UNSEALED CLAIM FORM: COURT OF APPEAL HOLD THAT CPR 3.10 APPLIES TO DEFENDANT'S MISCARACTERISED APPLICATION

CLAIMANTS COME TO GRIEF OVER SERVICE OF UNSEALED CLAIM FORM: COURT OF APPEAL HOLD THAT CPR 3.10 APPLIES TO DEFENDANT’S MISCARACTERISED APPLICATION

June 26, 2023 · by gexall · in Appeals, Applications, Members Content, Service of the claim form

It is rarely possible to get to the end of a month without some kind of discussion on this blog about service of the claim form. This month is no exception. In Pitalia & Anor v NHS England [2023] EWCA…

ON THIS BLOG 10 YEARS AGO: PART 36; INTERIM PAYMENTS AND SUING THE "MAN OF STRAW"

ON THIS BLOG 10 YEARS AGO: PART 36; INTERIM PAYMENTS AND SUING THE “MAN OF STRAW”

June 26, 2023 · by gexall · in Civil evidence, Civil Procedure, Interim Payments, Members Content, Part 36

Now that the blog is 10 years (and 2 days) old it gives me an opportunity to look back at previous posts in a way that remains useful.  Some (but not all) of the posts over the past decade stand…

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Recent Posts

  • EXPERT WATCH 79: WHEN A LITIGANT INSTRUCTS AN EXPERT AND THEN SEEKS PERMISSION TO RELY ON THEM: MIXED RESULTS
  • WITNESS EVIDENCE WEDNESDAY: WHERE ARE WE NOW ON “MISSING” WITNESSES AND EVIDENCE ? TEN KEY POINTS WITH USEFUL LINKS
  • 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
  • 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”
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