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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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  • COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED
  • ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …
  • DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
  • THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
  • THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS

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  • COST BITES 386: THREATS TO REPORT THE DEFENDANTS' SOLICITORS TO THE SRA WAS ONE OF THE REASONS THE CLAIMANT HAD TO PAY COSTS ON AN INDEMNITY BASIS: WEAPONISERS BEWARE
  • ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...
  • THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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