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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » July » 03
PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

PROVING THINGS 230: WATCH THE METADATA: IF THERE ARE DIFFERENT DATES THEN THIS REQUIRES AN EXPLANATION

July 3, 2023 · by gexall · in Civil evidence, Disclosure, Members Content

In Adams & Ors v FS Capital Ltd & Ors [2023] EWHC 1649 (Ch) Mr Justice Edwin Johnson commented on the difficulties caused by the defendants’ failure to establish why the metadata for documents was different to the dates shown…

AVOIDING NEGLIGENCE CLAIMS IN PERSONAL INJURY LITIGATION: A RECAP OF THE FIRST SERIES

AVOIDING NEGLIGENCE CLAIMS IN PERSONAL INJURY LITIGATION: A RECAP OF THE FIRST SERIES

July 3, 2023 · by gexall · in Avoiding negligence claims, Limitation, Members Content

As part of the scroll through the “back catalogue” on this blog we are looking at the series from 2013 on avoiding negligence.  Remember that this series was written 10 years ago. There may have been some changes since then,…

COST BITES 93: SOLICITOR IS NOT LIABLE TO PAY FEES WHEN THEY WERE ACTING AS A PROFESSIONAL DEPUTY

COST BITES 93: SOLICITOR IS NOT LIABLE TO PAY FEES WHEN THEY WERE ACTING AS A PROFESSIONAL DEPUTY

July 3, 2023 · by gexall · in Applications, Costs, Members Content

The arguments raised in Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection – Deputyship) [2023] EWHC 1568 (Ch) are interesting ones.  HHJ Hodge KC (sitting as a High Court Judge) rejected the defendant’s assertions that a…

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Recent Posts

  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • 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
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  • 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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