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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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RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT "DOES NOT EMBODY A PRINCIPLE OF "BREACH NOW REPENT LATER"
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IS IN A WITNESS STATEMENT: IT "STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE..."
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