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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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FUNDAMENTAL DISHONESTY: "SUBSTANTIAL INJUSTICE" CONSIDERED IN DETAIL: HIGH COURT DECISION TODAY

FUNDAMENTAL DISHONESTY: “SUBSTANTIAL INJUSTICE” CONSIDERED IN DETAIL: HIGH COURT DECISION TODAY

April 10, 2024 · by gexall · in Civil evidence, Damages, Fundamental Dishonesty, Members Content, Personal Injury

In the judgment given today in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB)  Mr Justice Ritchie dismissed the claimant’s claim as being fundamentally dishonest.  The judgment contains a detailed consideration of the issues relating to the…

COST BITES 143: JUDICIAL OBSERVATIONS ON THE COSTS OF FAMILY LITIGATION DISPUTES: KING LEAR  IS A TRAGEDY AND ALL WILL NOT END WELL

COST BITES 143: JUDICIAL OBSERVATIONS ON THE COSTS OF FAMILY LITIGATION DISPUTES: KING LEAR IS A TRAGEDY AND ALL WILL NOT END WELL

April 10, 2024 · by gexall · in Appeals, Costs, Members Content

There have been two cases recently where the courts have made comments about the costs of litigation in disputes between family members.  Whilst the participants may each think themselves more sinned against than sinning, it is always prudent to consider…

COST BITES 142: COSTS ON AN UNSUCCESSFUL APPLICATION TO APPEAL IN A FAMILY CASE

COST BITES 142: COSTS ON AN UNSUCCESSFUL APPLICATION TO APPEAL IN A FAMILY CASE

April 10, 2024 · by gexall · in Appeals, Costs, Members Content

I keep intending to write more about issues of costs in family cases. Not because I want to delve into the intricacies of family law, but because issues of costs have major ramifications for both the clients and practitioners.  Even…

TRIALS BY JURY IN CIVIL CASES: THE RULES AND CASES CONSIDERED

TRIALS BY JURY IN CIVIL CASES: THE RULES AND CASES CONSIDERED

April 10, 2024 · by gexall · in Applications, Case Management, Civil Procedure, Members Content

In Taylor v Savik & Anor [2024] EW Misc 15 (CC) HHJ Paul Matthews considered the question of whether a jury trial should be ordered in a civil trial.  The judgment contains a detailed consideration of the legislation and case…

ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE

ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE

April 10, 2024 · by gexall · in Civil evidence, Civil Procedure, Members Content

We have looked before at problems caused by Artificial Intelligence being used in court.   It is worthwhile looking at the Courts and Tribunals Judiciary publication “Artificial Intelligence (AI) Guidance for Judicial Office Holders. It shows some of the dangers in…

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  • EXPERT WATCH 17: A DETAILED CONSIDERATION BY THE HIGH COURT OF WHEN EXPERT EVIDENCE IS PERMITTED OR "REASONABLY REQUIRED": COMPLIANCE WITH THE RULES IS VERY IMPORTANT HERE
  • MAZUR MATTERS 11: WHAT IS MEANT BY "THE CONDUCT OF LITIGATION" 2: WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
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