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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2025 » September » 25

SERVICE POINTS 11: A PARTY CANNOT SIMPLY MAKE UNILATERAL DECISIONS AS TO SERVICE WHICH OVERRIDE SPECIFIC COURT ORDERS

September 25, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions, Service of the claim form, Serving documents

When a court makes an order as to the means of alternative service it expects the party in question to comply with that order. Here we have a case where the claimant decided on a different means of “serving” the…

EXPERT WATCH 13: "IT SUGGESTS THE WITNESS WAS SEEKING TO BUILD A CASE FOR THE CLAIMANTS RATHER THAN INDEPENDENTLY ANALYSE THE EVIDENCE IN REACHING HIS OPINION": THE JUDGE FINDS THIS TROUBLING

EXPERT WATCH 13: “IT SUGGESTS THE WITNESS WAS SEEKING TO BUILD A CASE FOR THE CLAIMANTS RATHER THAN INDEPENDENTLY ANALYSE THE EVIDENCE IN REACHING HIS OPINION”: THE JUDGE FINDS THIS TROUBLING

September 25, 2025 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

Here we are looking a judicial observations about the role of forensic reconstruction experts.  There are telling comments on the reasons the judge preferred one expert over another. Again it comes down to a simple failure to consider  and apply…

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