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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THE CLAIMANT'S CASE WAS NOT STAYED BECAUSE IT COULD NOT PAY INTERLOCUTORY COSTS ORDERS: WON'T PAY IS VERY DIFFERENT TO CAN'T PAY

THE CLAIMANT’S CASE WAS NOT STAYED BECAUSE IT COULD NOT PAY INTERLOCUTORY COSTS ORDERS: WON’T PAY IS VERY DIFFERENT TO CAN’T PAY

July 31, 2024 · by gexall · in Applications, Civil Procedure, Costs, Members Content

In J Robbins Capital Partners Ltd v Zamsort Ltd & Ors [2024] EWHC 1990 (Comm) Paul Stanley KC (sitting as a Deputy High Court Judge) refused the defendants’ application that the action be stayed pending the claimant’s payment of interlocutory…

OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND "DISAGGREGATION"

OMNIBUS CLAIM FORMS: COURT MANAGEMENT OF CASES AND “DISAGGREGATION”

July 31, 2024 · by gexall · in Applications, Case Management, Civil Procedure, Members Content, Personal Injury

A problem with “omnibus” claim forms and subsequent case management was considered in detail in the judgment of Mr Justice Garnham and Master Davison in Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB).  The judgment considered the…

IT IS "ESSENTIAL THAT JOINTLY INSTRUCTED EXPERTS ARE ABLE AND WILLING TO ENGAGE WITH COUNTERVAILING ARGUMENTS..."

IT IS “ESSENTIAL THAT JOINTLY INSTRUCTED EXPERTS ARE ABLE AND WILLING TO ENGAGE WITH COUNTERVAILING ARGUMENTS…”

July 31, 2024 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

There have been a number of cases recently where the courts have considered whether expert evidence should necessarily be accepted in full. In  M (A Child)(Non-Accidental Injuries; Wider Canvas), Re [2024] EWFC 209 HHJ Coffey held that the views of…

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