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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT'S RIGHT TO RECOVER PROPERTY DAMAGES

A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT’S RIGHT TO RECOVER PROPERTY DAMAGES

October 15, 2024 · by gexall · in Civil evidence, Civil Procedure, Conduct, Damages, Fundamental Dishonesty, Members Content, Personal Injury

In Senay & Anor v Mulsanne Insurance Company Ltd [2024] EWCC 12 HHJ Charman found that a finding of fundamental dishonesty in a personal injury action did not affect the claimant’s rights to recover damages for the property claim to…

WHEN AN EXPERT TRIED TO USE ARTIFICIAL INTELLIGENCE TO SUPPORT THEIR CALCULATIONS: COPILOT DOESN'T PREVENT THE EVIDENCE CRASHING...

WHEN AN EXPERT TRIED TO USE ARTIFICIAL INTELLIGENCE TO SUPPORT THEIR CALCULATIONS: COPILOT DOESN’T PREVENT THE EVIDENCE CRASHING…

October 15, 2024 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

We have considered the dangers of attempting to use artificial intelligence in litigation before.   The use of artificial intelligence in an expert report was considered b Schopf.S in the Surrogate’s Court, Saratoga County, in the “Matter of Weber”. “The mere…

SENIOR MASTER COOK’S GUIDANCE ON COST MANAGEMENT HEARINGS: A PIECE BY PIECE GUIDE (2):DELEGATION

SENIOR MASTER COOK’S GUIDANCE ON COST MANAGEMENT HEARINGS: A PIECE BY PIECE GUIDE (2):DELEGATION

October 15, 2024 · by gexall · in Costs, Costs budgeting, Members Content, Webinar, Well being

We are continuing with our detailed examination of the Kings Bench Masters Cost Management Hearings Guidance Note.  This time we are looking at issues relating to delegation.  Costs budgeting and Cost Judges encourage delegation. The problem for many practitioners is that…

RELIEF FROM SANCTIONS, LATE WITNESS STATEMENTS AND THE "WEIGHT" (OR ABSENCE OF WEIGHT) TO BE GIVEN TO THOSE STATEMENTS

RELIEF FROM SANCTIONS, LATE WITNESS STATEMENTS AND THE “WEIGHT” (OR ABSENCE OF WEIGHT) TO BE GIVEN TO THOSE STATEMENTS

October 15, 2024 · by gexall · in Case Management, Civil evidence, Members Content, Relief from sanctions, Witness statements

In  Oliver v Duffy [2024] EWHC 2590 Mrs Justice Hill considered an application for relief from sanction in a case where witnesses had not attended trial.  The judge granted relief from sanctions but went on to hold that those statements…

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  • BACK TO BASICS MONDAY: LAWYERS AND ARTIFICIAL INTELLIGENCE (1): THREE IMPORTANT PRINCIPLES: YOU OWN THE WORK; AI IS NOT AN AUTHORITATIVE SOURCE OF LAW; IT IS NOT ENOUGH THAT THE CASE EXISTS…
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  • EXPERT WATCH 70: EXPERTS’ FAILURES TO REPORT ON THE RANGE OF OPINIONS LEADS TO THEIR VIEWS BEING REJECTED: ESSENTIAL READING FOR EVERY PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYER, ANYONE WHO INSTRUCTS AN EXPERT (AND ANY EXPERT…)
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EXPERT WATCH 70: EXPERTS' FAILURES TO REPORT ON THE RANGE OF OPINIONS LEADS TO THEIR VIEWS BEING REJECTED: ESSENTIAL READING FOR EVERY PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYER, ANYONE WHO INSTRUCTS AN EXPERT (AND ANY EXPERT...)
SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT

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