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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2023 » October » 03
PARTY NOT PERMITTED TO ADDUCE EXPERT EVIDENCE FROM OTHER CASES AS HEARSAY EVIDENCE

PARTY NOT PERMITTED TO ADDUCE EXPERT EVIDENCE FROM OTHER CASES AS HEARSAY EVIDENCE

October 3, 2023 · by gexall · in Applications, Civil evidence, Expert evidence, Experts, Members Content

One of the issues decided by Mr Justice Mellor in Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) related to the attempts by a party (COPA) to adduce expert evidence from other trials by way of hearsay evidence…

FIXED RECOVERABLE COSTS: A POWER TO ORDER GREATER AMOUNTS IN "EXCEPTIONAL CIRCUMSTANCES"  AND THE STING IN THE TAIL

FIXED RECOVERABLE COSTS: A POWER TO ORDER GREATER AMOUNTS IN “EXCEPTIONAL CIRCUMSTANCES” AND THE STING IN THE TAIL

October 3, 2023 · by gexall · in Civil Procedure, Costs, Fixed Costs, Members Content, Rule Changes

Continuing the examination of fixed recoverable costs.  CPR 45.9 gives the court power to order sums greater than FRC in “exceptional circumstances”.  The applicant’s difficulties are (i) there is no definition of exceptional circumstances (ii) there is a real sting…

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