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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » September » 25
PROVING THINGS 232: CAR FIRES AND EXPERT EVIDENCE: WHY EXPERTS SHOULD MIND THEIR LANGUAGE: A MOVE FROM "MUST" TO "MORE THAN PROBABLE" REPRESENTS A SIGNIFICANT CHANGE

PROVING THINGS 232: CAR FIRES AND EXPERT EVIDENCE: WHY EXPERTS SHOULD MIND THEIR LANGUAGE: A MOVE FROM “MUST” TO “MORE THAN PROBABLE” REPRESENTS A SIGNIFICANT CHANGE

September 25, 2023 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Members Content

The judgment of Mr Justice Freedman in Nash v Volskwagen Financial Services (UK) Ltd [2023] EWHC 2326 (KB) contains  important observations in relation to the law and evidence relating to causation.  However I want to look at the judge’s consideration…

NEW COSTS RULES: WHEN A CASE CAN'T GO INTO THE INTERMEDIATE TRACK

NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK

September 25, 2023 · by gexall · in Costs, Members Content, Rule Changes

Continuing with the series about the new rules relating to fixed costs.  Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track….

COURTS THAT ARE (OR MAY BE) CLOSED ON THE 25th, 27th AND 29th SEPTEMBER 2023

COURTS THAT ARE (OR MAY BE) CLOSED ON THE 25th, 27th AND 29th SEPTEMBER 2023

September 25, 2023 · by gexall · in Civil Procedure, Members Content, Useful links

The weekly HMCTS update reports that a number of courts are closed due to industrial action.  The update lists those courts that were closed last Friday. Presumably there is a strong probability that the same courts will be closed on…

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  • 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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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
EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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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