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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » September » 23
PROVING THINGS 244: WHERE THERE IS A "GENUINE DIFFERENCE OF OPINION" BETWEEN EXPERTS : CLAIMANT FAILS TO ESTABLISH LIABILITY IN A CLINICAL NEGLIGENCE CASE

PROVING THINGS 244: WHERE THERE IS A “GENUINE DIFFERENCE OF OPINION” BETWEEN EXPERTS : CLAIMANT FAILS TO ESTABLISH LIABILITY IN A CLINICAL NEGLIGENCE CASE

September 23, 2024 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Experts, Members Content, Personal Injury

Many of the cases on this blog that consider experts feature judicial criticism of those experts. Sometimes because of a failure to take into account the duties owed by those experts.  However litigation is more complicated than that. It is…

AN "UNRELIABLE" SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)

AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)

September 23, 2024 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Clinical Negligence, Damages, Members Content, Personal Injury, Webinar

The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages.  There are a series of four seminars below where many of the essential elements are considered.  A case…

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Recent Posts

  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE “LAST KNOWN ADDRESS”: THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
  • THE DEFENDANT’S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • AN INSURER’S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED…

Top Posts

  • THE DEFENDANT'S ACCEPTANCE OF A PART 36 OFFER FROM THE CLAIMANT DID NOT PREVENT A SECOND ACTION IN RELATION TO A DIFFERENT (BUT RELATED) ISSUE
  • COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
  • WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS
  • AN INSURER'S ADMISSION BINDS INSURED DEFENDANT EVEN THOUGH INDEMNITY WAS SUBSEQUENTLY WITHDRAWN: APPLICATION TO RESILE FROM THAT ADMISSION DISMISSED...
  • SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE "LAST KNOWN ADDRESS": THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE

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