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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2024 » December » 12
APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS

APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS

December 12, 2024 · by gexall · in Civil Procedure, Disclosure, Members Content

In Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) Mr Justice Miles granted pre-action disclosure of some of the documents sought by the claimants.  What is noticeable in the judgment in the judge’s view that early…

COURT GIVES SUMMARY JUDGMENT FOR DEFENDANT EMPLOYER IN COVID 19 CASES: SAYING "SOMETHING WILL TURN UP" IS NOT SUFFICIENT

COURT GIVES SUMMARY JUDGMENT FOR DEFENDANT EMPLOYER IN COVID 19 CASES: SAYING “SOMETHING WILL TURN UP” IS NOT SUFFICIENT

December 12, 2024 · by gexall · in Civil Procedure, Damages, Members Content, Summary judgment

NB THIS DECISION WAS OVERTURNED ON APPEAL SEE  Mark Edwards & Ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB) AND THE DISCUSSION ON THIS BLOG HERE In  Edwards & Ors v 2 Sisters Food Group Ltd [2024] EWCC 21…

JUST BECAUSE I DIDN'T ACCEPT YOUR EVIDENCE THAT DOESN'T MEAN YOU WERE FUNDAMENTALLY DISHONEST: ANOTHER LOOK AT THE SAMRAI DECISION

JUST BECAUSE I DIDN’T ACCEPT YOUR EVIDENCE THAT DOESN’T MEAN YOU WERE FUNDAMENTALLY DISHONEST: ANOTHER LOOK AT THE SAMRAI DECISION

December 12, 2024 · by gexall · in Applications, Fundamental Dishonesty, Members Content, Personal Injury

In Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB) Mr Justice Martin Spencer did not make a finding of fundamental dishonesty in a case where he did not accept the claimants’ evidence.  This non-acceptance did not lead to…

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