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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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PROVING THINGS 258: GENERIC WITNESS STATEMENTS RARELY IMPRESS A COURT: CLAIM FOR £50,190.24 REDUCED TO £1,197: A CAR CRASH OF A CASE

PROVING THINGS 258: GENERIC WITNESS STATEMENTS RARELY IMPRESS A COURT: CLAIM FOR £50,190.24 REDUCED TO £1,197: A CAR CRASH OF A CASE

April 9, 2025 · by gexall · in Civil evidence, Civil Procedure, Members Content, Uncategorized, Witness statements

In David Wiltshire v Aioi Nissay Dowa Insurance Company of Europe [2025] EWCC 13 District Judge Lumb rejected most of the claimant’s claim for damages following damage to his car.  The claimant’s oral evidence differed greatly from his witness statement.  These differences…

SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE...

SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…

April 9, 2025 · by gexall · in Civil evidence, Damages, Members Content, Personal Injury, Webinar

Injuries to those involved in sports are not unusual.  The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…

SERVICE OF THE CLAIM FORM: NO IMPLIED DUTY ON A CLAIMANT TO TAKE STEPS TO ENSURE THAT THE DEFENDANT IS STILL AT THE LAST KNOWN ADDRESS

SERVICE OF THE CLAIM FORM: NO IMPLIED DUTY ON A CLAIMANT TO TAKE STEPS TO ENSURE THAT THE DEFENDANT IS STILL AT THE LAST KNOWN ADDRESS

April 9, 2025 · by gexall · in Appeals, Applications, Avoiding negligence claims, Members Content, Service of the claim form, Serving documents

I am grateful to barrister Anthony Reddiford for sending me a copy of the judgment of HHJ Truman in  Aston -v- Tew & Alwyn Insurance Company Ltd [2025] EWCC 20 , a copy of which is available here. Aston -v-…

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EXPERT WATCH 65 : WHEN THE JUDGES SAY "WE ATTACH VERY LITTLE WEIGHT" TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
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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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