EXPERT WATCH 10: CLAIMANT UNSUCCESSFUL ON APPEAL IN ATTEMPTING TO OVERTURN THE TRIAL JUDGE'S PREFERENCE FOR THE DEFENDANT'S EXPERTS: "THE IRREDUCIBLE FACT IS IS THAT THE JUDGE ACCEPTED THE EXPERT EVIDENCE OF THE RESPONDENT'S KEY WITNESS AND PREFERRED TO OVER THE EVIDENCE OF THE APPELLANT'S KEY EXPERT WITNESS"

EXPERT WATCH 10: CLAIMANT UNSUCCESSFUL ON APPEAL IN ATTEMPTING TO OVERTURN THE TRIAL JUDGE’S PREFERENCE FOR THE DEFENDANT’S EXPERTS: “THE IRREDUCIBLE FACT IS IS THAT THE JUDGE ACCEPTED THE EXPERT EVIDENCE OF THE RESPONDENT’S KEY WITNESS AND PREFERRED TO OVER THE EVIDENCE OF THE APPELLANT’S KEY EXPERT WITNESS”

August 12, 2025 · by · in Appeals, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Personal Injury

There are relatively few cases where a party appeals on the basis that trial judge was wrong to accept the evidence of one party’s expert witness in preference to the other.  There are even fewer cases where such an appeal…

COST BITES 269: CAN PRE-ALLOCATION COSTS BE AWARDED WHEN A CASE IS LATER TRANSFERRED TO THE SMALL CLAIMS TRACK? A CASE THAT CONSIDERS THE ISSUE

COST BITES 269: CAN PRE-ALLOCATION COSTS BE AWARDED WHEN A CASE IS LATER TRANSFERRED TO THE SMALL CLAIMS TRACK? A CASE THAT CONSIDERS THE ISSUE

August 12, 2025 · by · in Civil Procedure, Costs, Members Content

I am grateful to barrister Ethan Riley for sending me a copy of the transcript of the judgment we are looking at today. This relates to whether the court has power to award a party pre-allocation costs  that are occurred…

COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A "PAY AS YOU GO" BASIS

COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A “PAY AS YOU GO” BASIS

August 12, 2025 · by · in Amendment, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Striking out

If ever a judgment showed how difficult litigation can be it is the costs decision we are looking at here.  A defendant made an application to strike out a case on the grounds of inadequate pleadings. That application would, without…