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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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  • THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
  • 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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