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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED:  WEBINAR 6th AUGUST

CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST

July 29, 2024 · by gexall · in Civil evidence, Clinical Negligence, Damages, Fatal Accidents, Members Content, Webinar, Well being

There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…

A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON'T WIN YOU ANY HONOURS BUT IT IS NOT WRONG...

A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON’T WIN YOU ANY HONOURS BUT IT IS NOT WRONG…

July 29, 2024 · by gexall · in Appeals, Costs, Members Content, Service of the claim form, Serving documents, Webinar

In Broom v Aguilar [2024] EWHC 1961 (Ch) HHJ Paul Matthews rejected an argument that a different costs order should be made because the defendant did not co-operate in relation to service of proceedings upon her.   Seeking to avoid service…

HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED

HARASSMENT PROCEEDINGS: PART 7 AND NOT PART 8 SHOULD HAVE BEEN USED

July 29, 2024 · by gexall · in Case Management, Civil Procedure, Members Content

There are often procedural difficulties when a claimant bringing a claim for harassment has to use the Part 8 procedure (as this is prescribed by CPR 65.28(1)(a)).  However as the judgment of Aidan Eardley KC in  Pattinson v Winsor [2024]…

“THE EXTENT OF EVIDENCE… WENT FAR BEYOND THAT PERMITTED BY THE RULES IN RELATION TO EXPERT EVIDENCE”: COMMENTS FROM ANTOTHER JURISDICTION

July 29, 2024 · by gexall · in Civil evidence, Credibility of experts, Education, Expert evidence, Experts, Members Content

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence.  Other jurisdictions have similar issues in relation to experts, particularly argumentative experts.  An example can be seen in…

PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND... SOCIAL MEDIA

PERSONAL INJURY: EXAGGERATED CLAIMS: CONTEMPT OF COURT: RUGBY, LIFTING WEIGHTS AND… SOCIAL MEDIA

July 29, 2024 · by gexall · in Applications, Clinical Negligence, Committal proceedings, Fundamental Dishonesty, Members Content, Personal Injury

In Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) Mr Justice Mould found the defendant in contempt of court for exaggerating the extent of his injuries when bringing a claim for damages for personal injury.  An interesting aspect…

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Recent Posts

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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
  • EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
  • ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
  • WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

Top Posts

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