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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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  • COST BITES 423: THE JUDGE’S EYEBROWS ARE RAISED AT AN ADDITIONAL £2,500 BECAUSE THE KC HAS TO STAY FOR THE AFTERNOON…
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  • COST BITES 422: THE ORDER FOR INTERIM COSTS IN THE AMY WINEHOUSE CASE : THE JUDGE WAS UNIMPRESSED WITH CLAIMANT’S “WEAK ARGUMENTS TO BOLSTER HIS ALREADY WEAK COSTS SUBMISSIONS”
  • COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT’S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST “ON EVERY MATERIAL POINT OF FACT AND LAW” LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
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COST BITES 419: HOW CLAIMING COUNSEL'S FEES ON AN N260 CAN LEAD TO REFERRAL TO THE ATTORNEY GENERAL FOR CONTEMPT OF COURT PROCEEDINGS TO BE CONSIDERED: SIGNATORY BEWARE
LATE WITNESS STATEMENTS, RELIEF FROM SANCTIONS (OR NOT...) AND THE COURT OF APPEAL CONSIDERS "WHAT IS A TRIAL?": THE DEFINITION PROVES TO BE VERY IMPORTANT FOR THIS APPELLANT...
COST BITES 421 : THE AMY WINEHOUSE CASE IS BACK IN COURT: CLAIMANT'S AGGRESSIVE CONDUCT OF A CASE WHERE HE LOST "ON EVERY MATERIAL POINT OF FACT AND LAW" LEADS TO AN ORDER FOR INDEMNITY COSTS TO PAY COSTS ON THE INDEMNITY BASIS
MAZUR MATTERS 66: THE LEGAL SERVICES BOARD FINAL REPORT ON MAZUR: "REGULATORY REVIEW OF ADVICE AND GUIDANCE PROVIDED TO THE PROFESSION ON THE CONDUCT OF LITIGAITON BY APPROVED REGULATORS AND REGULATORY BODIES"
EXPERT WATCH 63: WHEN A DOCTOR WRITES TO THE COURT AND THE JUDGE FINDS THE INFORMATION "UNRELIABLE"

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