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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLINICAL NEGLIGENCE CASE WHERE CLAIMANT OFFERED TO ACCEPT 90% OF DAMAGES WAS A VALID PART 36 OFFER: IT WAS NOT UNJUST FOR THE DEFENDANT TO FACE THE CONSEQUENCES

CLINICAL NEGLIGENCE CASE WHERE CLAIMANT OFFERED TO ACCEPT 90% OF DAMAGES WAS A VALID PART 36 OFFER: IT WAS NOT UNJUST FOR THE DEFENDANT TO FACE THE CONSEQUENCES

July 20, 2023 · by gexall · in Clinical Negligence, Costs, Members Content, Part 36

In Chapman v Mid and South Essex NHS Foundation Trust (Re Costs) [2023] EWHC 1871 (KB) Mrs Justice Hill decided that a claimant’s offer to accept 90% of damages in a clinical negligence case, where there had been a trial…

WHEN IT IS OBVIOUS THAT THE STATEMENT IS NOT IN THE WORDS THAT WITNESS WOULD USE: A REMINDER OF THE DANGERS

WHEN IT IS OBVIOUS THAT THE STATEMENT IS NOT IN THE WORDS THAT WITNESS WOULD USE: A REMINDER OF THE DANGERS

July 20, 2023 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Witness statements

There is a short passage in the judgment of Costs Judge Leonard in  Pulford v Hughes Fowler Carruthers Ltd [2023] EWHC 1429 (SCCO)that is illustrative of the dangers of “lawyerly” witness statement. THE CASE The judge was considering issues of…

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