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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » April » 19
A COURT CANNOT SIMPLY IGNORE AN UNCHALLENGED EXPERT REPORT: DOG SAVED BY THE ADMINISTRATIVE COURT

A COURT CANNOT SIMPLY IGNORE AN UNCHALLENGED EXPERT REPORT: DOG SAVED BY THE ADMINISTRATIVE COURT

April 19, 2024 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Members Content

The significance of unchallenged expert evidence at court was considered by the Administrative Court in  Fitzgerald v CPS [2024] EWHC 869 (Admin). Although this is a criminal case it considers the authorities in civil actions and the central point that…

TRYING TO SQUEEZE A PART 7 CASE INTO A PART 8 APPLICATION: DISPUTES OF FACT MAKE PART 8 UNSUITABLE

TRYING TO SQUEEZE A PART 7 CASE INTO A PART 8 APPLICATION: DISPUTES OF FACT MAKE PART 8 UNSUITABLE

April 19, 2024 · by gexall · in Case Management, Civil Procedure, Members Content

In ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) Neil Moody KC, sitting as a Deputy High Court Judge, considered the question of whether a case was suitable for Part 8 determination.  He decided that there were…

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  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE
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