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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » April » 11
APPLICATION TO ADDUCE "EXPERT EVIDENCE" FROM THE CLAIMANT'S SON WAS REFUSED: THIS IS NOT AN EXPERT REPORT, IT IS NOT COMPLIANT, NOT IMPARTIAL AND NOT ADMISSIBLE...

APPLICATION TO ADDUCE “EXPERT EVIDENCE” FROM THE CLAIMANT’S SON WAS REFUSED: THIS IS NOT AN EXPERT REPORT, IT IS NOT COMPLIANT, NOT IMPARTIAL AND NOT ADMISSIBLE…

April 11, 2025 · by gexall · in Applications, Avoiding negligence claims, Case Management, Civil evidence, Expert evidence, Experts, Members Content, Witness statements

We are returning to the judgment of Jason Beer KC Rajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC and staying with the issue of “expert” evidence. This time looking at the attempt of…

CLAIMANT ENTITLED TO COSTS TO BE ASSESSED AFTER LATE ACCEPTANCE OF A PART 36 OFFER: EVEN THOUGH FIXED COSTS APPLIED AT THE TIME THE OFFER WAS MADE

April 11, 2025 · by gexall · in Appeals, Assessment of Costs, Costs, Fixed Costs, Members Content, Personal Injury

NB THIS DECISION WAS OVERTURNED BY THE COURT OF APPEAL IN  Attersley v UK Insurance Ltd [2026] EWCA Civ 217 I am grateful to barrister Thomas Mason for drawing my attention to the judgment today in Laura Attersley v UK…

PROVING THINGS 259: WHEN THE COURT REFUSES PERMISSION FOR THE EXPERTS TO GIVE EVIDENCE AT TRIAL: THESE ARE BASICALLY ISSUES OF FACT

PROVING THINGS 259: WHEN THE COURT REFUSES PERMISSION FOR THE EXPERTS TO GIVE EVIDENCE AT TRIAL: THESE ARE BASICALLY ISSUES OF FACT

April 11, 2025 · by gexall · in Applications, Civil evidence, Damages, Expert evidence, Experts, Members Content

In  Rajan Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) Jason Beer KC dismissed the claimant’s application that forensic accountants give evidence at trial.  The experts had basically agreed that there were issues of fact to…

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  • COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
  • AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
  • AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
  • EXPERT WATCH 48: HOW AN EXPERT WITNESS CAN LOSE CREDIBILITY AT TRIAL (IN A CLINICAL NEGLIGENCE CASE – BUT THE PRINCIPLES ARE UNIVERSAL…)
  • BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS

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