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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » October » 28
PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM "PETERS" UNDERTAKING

PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM “PETERS” UNDERTAKING

October 28, 2024 · by gexall · in Clinical Negligence, Damages, Members Content, Personal Injury

I am grateful to my colleagues Sam Karim KC and Fay Collinson for pointing out the decision of  BJB, In the Matter Of [2024] EWCOP 59 (T2). In that case  HHJ Hilder granted the claimant’s application that she be released…

ADVOCACY THE JUDGE'S VIEW 4:  "AVOID BULLSHIT, SMOKE AND MIRRORS" (OH AND BEWARE OF "WELL PADDED VANITY")

ADVOCACY THE JUDGE’S VIEW 4: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND BEWARE OF “WELL PADDED VANITY”)

October 28, 2024 · by gexall · in Advocacy, Conduct, Members Content, Written advocacy

 Australia and looking at the guidance given by the Hon Chief Justice Pat Keane in his keynote address to the Australian Lawyers Alliance Queensland State Conference in February 2013. (At the moment I cannot find a link to the original…

PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT

PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT

October 28, 2024 · by gexall · in Civil evidence, Clinical Negligence, Damages, Members Content, Personal Injury

It is worthwhile highlighting one aspect of the judgment of Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak  [2024] EWHC 2633 (KB), looked at in the previous post.   The judge applied different multipliers to the claim.  A…

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