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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » May » 08
WITNESS STATEMENTS AND FINDINGS OF DISHONESTY BY AN EMPLOYMENT TRIBUNAL:  EDMUND BURKE CITED "YOUR REPRESENTATIVE OWES YOU, NOT HIS INDUSTRY ONLY, BUT HIS JUDGEMENT: AND HE BETRAYS YOU INSTEAD OF SERVING YOU IF HE SACRIFIES IT TO YOUR OPINION"

WITNESS STATEMENTS AND FINDINGS OF DISHONESTY BY AN EMPLOYMENT TRIBUNAL: EDMUND BURKE CITED “YOUR REPRESENTATIVE OWES YOU, NOT HIS INDUSTRY ONLY, BUT HIS JUDGEMENT: AND HE BETRAYS YOU INSTEAD OF SERVING YOU IF HE SACRIFIES IT TO YOUR OPINION”

May 8, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Members Content, Witness statements

It is rare for this blog to look at Employment Tribunal decisions.  However examining the drafting of witness statements is part of its everyday fare.  Here we look at  a decision where the Tribunal was certain that witness statements had…

EXPERT EVIDENCE AND THE RISKS OF "ANCHORING": THE EXPERT "GAVE THE SENSE OF TRYING TO ARGUE THE CLAIMANT'S CASE"

EXPERT EVIDENCE AND THE RISKS OF “ANCHORING”: THE EXPERT “GAVE THE SENSE OF TRYING TO ARGUE THE CLAIMANT’S CASE”

May 8, 2025 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

Today we are looking at a case where the judge had considerable reservations about expert evidence called on behalf of a claimant.  Not all the problems that occurred were the fault of the expert.  However she was the third expert…

DEFENDANT REFUSED RELIEF FROM SANCTIONS AND WAS NOT ABLE TO ARGUE ABOUT COSTS (BUT WAS ALLOWED TO ARGUE ABOUT THE WASTED COSTS)

DEFENDANT REFUSED RELIEF FROM SANCTIONS AND WAS NOT ABLE TO ARGUE ABOUT COSTS (BUT WAS ALLOWED TO ARGUE ABOUT THE WASTED COSTS)

May 8, 2025 · by gexall · in Applications, Costs, Members Content, Relief from sanctions

Here we are looking at another aspect of the case we looked at yesterday.  Most of the attention in that case relates to the fake cases that the claimant relied upon.  However there was criticism of the defendant too.  The…

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